Judge’s Complaint Against DPP Highlights the Injustice of Prosecuting Meritless Sexual Assault Claims
New South Wales District Court Judge Penelope Wass has made a formal complaint to the Legal Services Commissioner against the state’s chief prosecuting lawyer, Director of Public Prosecutions, Sally Dowling SC, after Ms Dowling allegedly raised ‘secret grievances’ about Judge...
‘Stealthing’ Amounts to Sexual Assault in New South Wales
Perhaps needless to say, it is not a crime to have unprotected sexual intercourse with a consenting partner – provided of course they have reached the age of consent, have the mental capacity to provide consent and have in fact...
Do Courts Have to Use Preferred Pronouns for Transgender Defendants in Criminal Cases?
Earlier this month, children’s book author JK Rowling tweeted the following in regard to a new practice note that applies to South Australian courts regarding preferred pronouns: Asking a woman to refer to her male rapist or violent assaulter as...
What Constitutes ‘Penetration’ for a Sexual Assault Offence in NSW?
Sexual offences in New South Wales have always distinguished between non-consensual physical activity involving actual penetration – including the historical offence of rape which was abolished in 1981 and the offence carnal knowledge which was abolished in 1986 – and non-penetrative,...
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...
Jarryd Hayne Faces Third Trial Over Sexual Assault Allegation
Former National Rugby League star Jarryd Hayne is back in Downing Centre District Court to face a third trial over allegations of sexual assault. Vehemently maintains innocence Mr Hayne has steadfastly maintained his innocence throughout years of prosecution, and has...
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...
Sydney Solicitor Cleared of Sexual Assault Allegations
A solicitor employed with a criminal law firm in Sydney’s west has been cleared of all sexual assault allegations made against him. 29-year old criminal defence lawyer Steven Mercael was charged with aggravated sexual assault as well as the lesser...
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...
