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Sexual consent must be ‘actively communicated’: CLC NSW

Community Legal Centres NSW has argued that, unless consent is explicitly given, there should be no assumption of its presence.

  • Jerome Doraisamy
  • LawyersWeekly

In its submission to the NSW Law Reform Commission regarding the review of consent in relation to sexual assault, CLC NSW identified that, as it stands, section 61HA of the Crimes Act 1900 (NSW) does not stipulate a requirement for affirmative consent, and it must explicitly state as…

Dora 2b“In most sexual assault cases, the matter being proven in court is not whether or not the sexual act took place – it is whether or…

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