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How NSW’s new consent laws
will work
Words:  Anton NilssonProducer: Issey Gogoll
In a huge win for victim-survivors, affirmative consent laws have passed NSW Parliament. So, what is the new law? What do I need to do before having sex? Here’s everything you need to know.
People in NSW who plan to have sex will need to take active steps to make sure the other person is on board, under new consent laws.
What is the new law?
What is the new law?
"Do you want to have sex?"
"Yes."
"Yes."
Under the new reform, the Crimes Act will be changed to specify that consent must be communicated through words or actions, rather than just assumed.
"Is this ok? Do you feel comfortable?"
The reform aims to set “clearer boundaries for consensual sex” and to reinforce that consent should not be presumed, NSW Attorney-General Mark Speakman says. It will also ensure more effective prosecutions of sexual offences.
Mark Speakman
Mark Speakman
NSW Attorney-General
NSW Attorney-General
Source: 7 News Australia
The change will mean a person who does and says nothing – for example if they “freeze” due to fear – does not consent to sex. It also means an accused person cannot reasonably believe the victim consented just because they didn’t say “no”.
If you want to engage in sexual activity with someone,
If you want to engage in sexual activity with someone,
then you need to DO or SAY something
to find out if they want to have sex with you too.
It's that
It's that
simple.
simple.
- NSW Attorney-General, Mark Speakman
Juries will now be informed about common misconceptions about sexual assault as part of a reform package. The government will also educate judges, legal professionals and police on the new laws ahead of mid-2022 when they will begin being implemented.
Survivor Saxon Mullins, the director of advocacy at Rape and Sexual Assault Research and Advocacy, has been pushing for change to consent laws for years, and welcomed the news.
Every survivor and expert
Every survivor and expert
who helped this through
changed
changed
the world today.
the world today.
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Original URL: https://www.news.com.au/web-stories/free/news-com-au/how-nsws-new-consent-laws-will-work