Sexual Harassment Lawyer – The Law of Sexual Consent in NSW
Every day in NSW, people are falsely charged with sexual assault or accused of sexual harassment. Sexual assault or harassment in NSW is punishable by imprisonment, and being informed about consent laws can make all the difference. We are experienced lawyers who can defend clients facing allegations of sexual assault, even if the accusation stemmed from years ago or from a vengeance-seeking ex-partner.
An important decision-making factor in many sexual assault cases is whether both parties gave consent. Even if you understand the concept logically, you may not know how to make it fit within the law. However, understanding the consent law will give you control over any sexual activity and will help protect you from any unwanted experiences. At Powerhouse Law, our sexual harassment lawyer helps you understand what consent is and how it can protect you from false sexual assault allegations.
Sexual Assault Lawyer in Sydney – Understand the Basics of Sexual Consent
What is Consent?
Consent is the conscious and informed agreement to partake in any form of sexual activity. This includes intercourse and oral sex. Someone must agree before engaging in sexual activities; otherwise, it becomes sexual assault. A person can remove their consent at any time, whether they have started the sex or not. If a person withdraws consent, sexual acts must cease.
According to our sexual assault lawyer in Sydney, these are some circumstances where a person is considered unable to give consent,
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- The person is a minor, disabled, or incapacitated
- The person is either sleeping or unconscious
- The individual may be under the influence of alcohol/drugs
- The person has been forced
- The victim has been manipulated into agreeing
The Legal Age of Consent
A person who has sexual intercourse with someone who is less than 16 years old in New South Wales is breaking the law. There is one exception to this rule which applies to those between the ages of 14 and 15.
Amendments to NSW Law of Consent in 2022
The NSW government released new ‘affirmative’ consent laws in June 2022 aligning consent laws with those in Victoria and Tasmania. Under the new laws, if a person is mute or refuses to communicate or consent to sexual activity, they are deemed not to have consented. The laws recognise that an individual may become frozen out of fear, and this should not be considered consent even if they don’t say or do anything at the time to stop the sexual act. There is considerable debate among legal experts about the application of these laws, with support and concern voiced over their nature.
Contact Our Sexual Assault Defence Lawyer in Sydney Now!
With respect to matters of consent, it is often difficult to make informed decisions, so always seek help from professionals. In the event that you or someone you know has been accused of a crime, please contact our qualified legal team as soon as possible. Our skilled sexual assault defence lawyer in Sydney can inform you of your potential prospects for beating any charges against you and work to have you found not guilty of the crime. Powerhouse Law’s sexual harassment lawyer is available 24/7, and you can contact them on 1800 100 529 or submit your details online.
Frequently Asked Questions
Sexual intercourse, a.k.a. having sex, is defined as the penetration of the mouth, vagina or anus by a penis (or sex toy). It also involves the insertion of any body part (such as finger or tongue) into the genitals or anus of another person.sexual harassment lawyer explains that sexual intercourse is consensual if both partners agree to it, and consent can be withdrawn at any time before or during sexual activity. According to the Crimes Act 1900, penetration carried out for medical or hygienic purposes is NOT considered sexual intercourse.
A basic definition of sexual touching is anything involving a person’s body parts that goes beyond what is considered usual, everyday contact. This means touching the genitals, groin, breasts or anus of another person, irrespective of their gender or sexual identity.
If the touching was for sexual gratification or for the purpose of arousing someone, it is called sexual touching. This is considered sexual harassment in the workplace in NSW if the other person does not consent to this activity. However, touching carried out for medical or hygienic purposes is NOT sexual touching, according to the Crimes Act 1900.
When it comes to consenting to sex, there’s a lot of grey area between yes and no. A sexual assault defence lawyer explains that consent must always be given freely and voluntarily. You need to communicate with each other about what does and doesn’t feel good. If one person is more aggressive than another, that might be okay as long as both partners agree on it ahead of time. The law states that the person should say or do something to agree to a sexual activity. Sexual consent is necessary before and during the activity.
No! You should never assume someone is consenting to a sexual activity, just because they didn’t say no. To protect yourself from false sexual assault allegations, be aware of the following circumstances that are NOT deemed sexual consent:
- The person did not say no to a sexual activity.
- The person did not physically do something to stop you or resist you.
- The person consented to one activity (kissing, for example), so it’s okay to assume they agree with other activities (like oral sex).
- The person consented to sex last time, so they’re okay this time or in the future.
- Having sex with a condom and then removing it (without asking them) during the activity.
If you ever have any doubts about whether your partner wants to have sex with you, just stop and ask! A simple “Are you sure?” will make sure that both of you are on board. Proper communication is key to checking for consent. A sexual assault lawyer in Sydney suggests asking questions similar to the following:
- What do you want to do next?
- Can I touch you there?
- Are you comfortable to __?
Asking for consent is all well and good, but knowing when to back off is equally as important. If someone isn’t responding positively to your advances, they probably aren’t ready (or willing) to take things further. Always remember that sexual consent should be obtained with a physical or verbal response.
