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​Consent in relation to sexual offences

The Attorney General asked us to review s 61HE (formerly s 61HA) of the Crimes Act 1900 (NSW), which deals with consent in relation to sexual offences.

Report 148 - Consent in relation to sexual offences was tabled in Parliament on 18 November 2020

We thank everyone who has taken the time to contribute to our review.

On 15 November 2021, the NSW Bureau of Crime Statistics and Research (BOCSAR) notified us that some of the data set out in chapter 2 of the report, which had been provided to us by BOCSAR, was incorrect. On 6 December 2021, we published a statement, which compares the original data with the correct data. The statement was published three weeks after we first became aware of the errors due to the need for BOCSAR to provide us with the corrected data, for us to consider the impact of the corrected data, and for the statement to be drafted.
Although our statutory powers and duties for the review were completed upon transmission of Report 148 to the Attorney General on 21 September 2020, we published the statement on our website to draw general attention to the corrections to the data in the report. 
For additional information, please see this response to a Question on Notice about Report 148.

Content warning

The materials below relate to sexual assault and/or violence that may confront or disturb readers.

If you need help, some options for advice and support are listed here:

  • NSW Victims Services
    • Call the Victims Access Line on 1800 633 063 or the Aboriginal Contact Line on 1800 019 123
    • The Victims Access Line is the single entry point for victims of crime in NSW to access information, referrals, support and counselling.
  • NSW Rape Crisis Centre 
    • Call 1800 424 017 or visit
    • NSW Rape Crisis is a 24/7 telephone and online counselling service for anyone affected by sexual assault in NSW.
  • Sexual Assault Counselling Australia 

Government response


Draft proposals

Draft proposals: Consent in relation to sexual offences

Consultation Paper

Consultation Paper 21: Consent in relation to sexual offences


Terms of reference