A History of Sexual Consent Laws in Australia
Throughout history, sexual consent laws have historically been intrinsically linked with child sexual abuse laws. In recent years, following the Royal Commission into Child Sexual Abuse and the high profile sexual assault trial of Saxon Mullins, both sexual consent and child...
Can a Person Consent to Sexual Activity Whilst Intoxicated?
The twenty first century has seen a whole of radical changes to the definition of sexual consent in New South Wales, invariably expanding the situations when it is to be considered a person is not consenting. Previous definition of sexual...
The New Consent Directions in Jury Trials for Sexual Offences
The Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021 (‘the Amending Act’) came into effect on 1 June 2022 (NSW), overhauling the definition of consent as it relates to certain sexual offences and revising the meaning of sexual intercourse, sexual touching and...
What is the Definition of Sexual Consent in New South Wales?
The Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021 came into effect on 1 June 2022 (NSW), repealing the definition of sexual consent contained in section 61HE of the Crimes Act 1900 (NSW) and inserting a new Subdivision 1A into Division...
The Law, Penalties and Defences for the Offence of Sexual Act in New South Wales
A New South Wales man is facing court over allegations he performed a sexual act in front of a mother and her young daughter inside Kmart store in St Marys on 23 September 2022. The mother immediately reported the matter...
Complainant’s History of False Sexual Assault Allegations is Inadmissible
In a recent decision, a five judge bench of the New South Wales Court of Criminal Appeal (NSWCCA) ruled that legislation which prevents criminal defence lawyers from asking questions to complainants in sexual assault cases about their sexual history extends...
Former NSW Labor MP Charged with Aggravated Sexual Assault
Documents presented in the Newcastle court today allege that former NSW Labor minister Milton Orkopoulos repeatedly sexually assaulted an 11-year old boy while serving as a Lake Macquarie Councillor. The 62-year old has already served 11 years after he was...