nsw move to re-define definition of consent for sex
15 October 2007
Australians accused of rape would be less able to claim they were unaware the victim had not consented to sex under an overhaul of state laws relating to sexual assault.
The New South Wales Government is to formally codify in law the definition of consent, with Cabinet passing changes proposed by the Attorney-General, John Hatzistergos. The Sydney Morning Herald notes that the changes are understood to have included that it must be proved that a person had 'fairly and voluntarily' given consent and that she had the 'capacity' to do so.
The NSW Rape Crisis Centre's manager, Karen Willis, welcomed the move, saying: 'It draws a line in the sand and says very clearly if you use trickery or alcohol … to gain sexual intimacy, then that's against the law.'
For Full report go to www.legalbrief.co.za and follow the link to Sydney Morning Herald