Consent in relation to sexual offences
Terms of reference
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:
- Whether s 61HA should be amended, including how the section could be simplified or modernised;
- All relevant issues relating to the practical application of s 61HA, including the experiences of sexual assault survivors in the criminal justice system;
- Sexual assault research and expert opinion;
- 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
- Any other matters that the NSW Law Reform Commission considers relevant.
[Received 3 May 2018]