The New Consent Directions in Jury Trials for Sexual Offences
The Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021 (‘the Amending Act’) came into effect on 1 June 2022 (NSW), overhauling the definition of consent as it relates to certain sexual offences and revising the meaning of sexual intercourse, sexual touching and...
What is the Definition of Sexual Consent in New South Wales?
The Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021 came into effect on 1 June 2022 (NSW), repealing the definition of sexual consent contained in section 61HE of the Crimes Act 1900 (NSW) and inserting a new Subdivision 1A into Division...
The Offence of Inciting a Person to Sexually Touch Another Without Consent
High-profile rugby union player Kurtley Beale is facing several charges relating to sexual offences arising from an incident that allegedly occurred in Sydney’s eastern suburbs late last year. Although details of the alleged offence are sparse, it has been reported that...
The Offence of Sexual Touching of a Child Under the Age of 10 in New South Wales
A man has been charged with 21 criminal offences after multiple alleged sexual offences against children at a shopping centre in the south-west of Sydney. Police say they were called to a shopping centre on Elizabeth Drive in Liverpool at...
What is the Age of Sexual Consent in New South Wales?
The law says a person is unable to lawfully agree to sexual activity such as sexual intercourse, sexual touching or a sexual act before they reach a certain age, this is known as the ‘age of consent’. This means a person...
The Offence of Sexually Touching a Child Aged 10 to 16
A 42-year old police sergeant has been charged with three counts of sexually touching a child aged 10 to 16, as well as two counts of indecent assault. The officer, who is attached to the North West Metropolitan Command, was...
The Rules Relating to Commencing and Discontinuing Criminal Prosecutions in NSW
The Office of the Director of Public Prosecutions (DPP) in Victoria is facing a barrage of criticism after withdrawing the criminal charges against a de-frocked Catholic Priest. The complainant, now in her early 60s, has spent nearly a decade trying...
NSW Police Officer Loses Appeal Against Conviction for Sexual Touching
A sergeant of the New South Wales Police Force with 25 years of experience has lost a District Court Appeal against his conviction for sexual touching. District Court Judge, Jennie Girdhan, has thrown out the appeal by Sergeant Ronald Tarlington,...
Complainant’s History of False Sexual Assault Allegations is Inadmissible
In a recent decision, a five judge bench of the New South Wales Court of Criminal Appeal (NSWCCA) ruled that legislation which prevents criminal defence lawyers from asking questions to complainants in sexual assault cases about their sexual history extends...
NSW Police Officer Remains on Force Despite Being Guilty of Sexual Touching
Sexual harassment remains rife within the New South Wales Police Force, despite the organisation’s stated commitment in 2019 to improve its culture. All talk but little action Despite its public statements, the New South Wales Police Force has allowed one...
