Headshot of Sarah Rayner - Solicitor at Everingham Solomons TamworthIf you want them for your own…… more than they could ever know…… then you should know there has been recent changes in sexual consent Laws in NSW.

NSW Parliament has recently passed consent reforms to assist with the prosecution of sexual offences in NSW Courts in attempt to clarify and make the approach more “common sense”.

So what are the changes?

The new reforms require for there to be consent to sexual activity, a person must now expressly say or do something to communicate consent.

It further puts the onus on the parties to do or say something to find out if the other person consents to sexual activities.

The reforms aim to overcome Defendants of sexual assault charges from being able to suggest they have ‘reasonable grounds’ to believe that the other person had consented to the sexual activity, without taking steps to establish consent. Defendants will now be required to prove they took steps to ascertain that consent was given by the other person.

Under the new law, a person cannot reasonably believe that the other person has consented simply because they did not say “no”.

The legislative reform does not amend the requirement that consent must be free and voluntarily given. Nor does it stop a person from withdrawing their consent at any time.

And just as a brief reminder while we are on the topic of consent, the legal age of consent for sexual activity in NSW is 16 years. A person cannot give consent if they are under that age. A person also cannot give consent if they are asleep, unconscious, drunk or affected by drugs.

If you require legal assistance, contact the Solicitors at Everingham Solomons because Helping You is Our Business.

Click here for more information on Sarah Rayner.