NSW Attorney-General Mark Speakman said the new laws passed on Tuesday would simplify sexual consent legislation in a “common sense” way,for both victim-survivors and the judicial system.
“This requirement is not onerous,” he said. “It does not make consensual sex illegal. It does not stop consensual sex. It does not require a written agreement or script,or stifle spontaneity.
“Under our reforms,if you want to engage in sexual activity with someone,then you need to do or say something to find out if they want to have sex with you too. It’s that simple.”
It follows years of advocacy led by Saxon Mullins,whose own court experience triggered a landmark review of the laws.
Ms Mullins on Tuesday said she never imagined the trauma of her own experience would result in legislative reform,adding that she was thrilled with the resulting laws.
“I am massively satisfied ... in a legal sense,there will now be less onus placed on the victim about their actions,what they were doing,” she said.
“The fact we are having these discussions about it does extend beyond the judicial system. The majority of assault cases do not end up going through the legal system,so the impact this has is so important.”