26.05.2021
3 min read

‘Simplified and strengthened’: Major overhaul to NSW sexual assault laws announced

The changes will make it easier to bring rapists to justice.

Major changes to 'simplify and strengthen' consent laws introduced in NSW

Sexual assault laws in NSW will be “simplified and strengthened” in a major overhaul that will make it easier to successfully prosecute offenders.

Attorney General Mark Speakman made the announcement on Tuesday in response to the Law Reform Commission’s report into consent in relation to sexual offences, which was handed to the government last year.

Watch Mr Speakman speak to Sunrise about the overhaul above

Newsletters: Breaking news as it happens. Subscribe now Subscribe now

The report said the law should be changed to specify that a person does not consent to sex if they do not say or do anything to communicate that consent.

But the government’s reform has gone a step further by adopting the ‘affirmative consent’ model.

Prosecutors would have to prove the accused rapist or sexual offender did not take active steps to gain consent, and that the victim did not consent through actions or words.

“An accused will have to have taken steps - done something or said something reasonable in the circumstances to ascertain consent,” Speakman said on Tuesday.

NSW Attorney General Mark Speakman. Credit: AAP

“A thought process is not a reasonable step, it has to be an act or something said to ascertain the complainant’s consent.

“It makes the rules of engagement much clearer.”

Current laws allow defendants to argue there were reasonable grounds to believe they had consent - even if the alleged victim did not actually consent.

In terms of practicality, Speakman said ultimately the matter comes down to reasonableness and common sense.

“We’re not expecting some kind of lengthy contract or disclaimer,” he said.

“You can indicate consent by saying something or it might be a facial expression with a gesture.

“We’re not being overly prescriptive.

Saxon Mullins’s case was the catalyst for the report. Credit: AAP

“The reforms will also make it clear that consent is something that is given voluntarily and freely by agreement, that it can be withdrawn at any time,” Speakman said.

“That consent to one sexual activity is not consent to any other sexual activity and that self-intoxication of the accused is not an excuse for failing to form a reasonable belief.”

The attorney-general added while the reforms won’t solve the problem of sexual violence, he’s confident it’s an important step towards holding perpetrators to account.

“We will continue to have (a sexual violence) problem,” he said.

“We will continue to have victim-survivors who will be disappointed by the criminal justice process.

“But I am confident this is an important step in the way to making sure that we can, more than we are at the moment, hold perpetrators to account, give victim-survivors some return from the criminal justice process and ultimately make sure our community behaves in a better way that stops these sorts of circumstances occurring in the first place.”

‘Significant step’

Saxon Mullins, whose rape case became a catalyst for the report, stood by the attorney-general as he announced the reforms.

Mullins did not consent to sex with Kings Cross nightclub owner’s son Luke Lazarus in 2013, the NSW District Court found, however, an appeal judge ruled Lazarus had the mistaken, but genuine, belief she had.

He was acquitted of sexual assault in 2017.

“This is really amazing day that we’ve all waited a really long time for,” an emotional Mullins told reporters.

“I’m grateful that my case was the catalyst for this reform but I also recognise that there are many survivors who are not afforded the same opportunity that I was.

“Not only is law reform a significant step, we must also the steps to ensure all survivors voices are heard and that justice is sought.”

Mullins said she hopes the reforms will mean there is less of a focus on the victim’s actions and words during a trial.

“This is how we’re supposed to communicate about sex, it’s supposed to be this ongoing conversation,” she said.

“To make sure that is what the law reflects, I think that will really help to minimise the traumatic impact of trials on survivors.”

Education Minister Sarah Mitchell said the school curriculum on consent will be updated to reflect the new laws, once they have passed.

- With AAP

Stream free on

7plus logo