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​Consent in relation to sexual offences


Report 148 - Consent in relation to sexual offences

Tabled in Parliament on 18 November 2020. 

NSW Law Reform Commission Statement: data in chapter 2 (6 December 2021)


Legislative action: Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021

Other documents

Draft proposals: Consent in relation to sexual offences

Consultation Paper 21: Consent in relation to sexual offences



Preliminary submissions

Terms of reference

Received 3 May 2018.

Pursuant to s 10 of the Law Reform Commission Act 1967, the NSW Law Reform Commission is asked to review and report on consent and knowledge of consent in relation to sexual assault offences, as dealt with in s 61HA of the Crimes Act 1900 (NSW).

In undertaking this review, the Commission should have regard to:

  1. Whether s 61HA should be amended, including how the section could be simplified or modernised;
  2. All relevant issues relating to the practical application of s 61HA, including the experiences of sexual assault survivors in the criminal justice system;
  3. Sexual assault research and expert opinion;
  4. The impact or potential impact of relevant case law and developments in law, policy and practice by the Commonwealth, in other States and Territories of Australia, and internationally, on the content and application of s 61HA; and
  5. Any other matters that the NSW Law Reform Commission considers relevant.