The Berejiklian governmentcommissioned a review of sexual consent laws in May last year following the acquittal of Luke Lazarus,who was accused of raping an 18-year old woman,Saxon Mullins,in an alleyway behind his father's Kings Cross nightclub in 2013.
In a submission to the review,the DPP said the definition of sexual consent was"adequate and appropriate"and reflects a"positive,communicative model of consent".
Jurors in NSW are directed that consent requires a conscious and voluntary agreement,which can be conveyed by words or actions.
The DPP rejected calls to change the law to adopt the"affirmative consent"model used in Victoria and Tasmania,saying it would have"limited effect". In those states,a person does not consent if they do not"say or do anything to communicate consent".
It said education about consent"in schools,universities,sporting clubs,and within the wider community"would help"reduce sexual violence generally"and"would have a greater impact than any change to the law".
The NSW Bar Association is pushing for a new category of"negligent sexual assault"with a lower maximum sentence,designed to cover cases in which an alleged offender has an honest but mistaken belief in consent. Under the existing law in NSW,those offenders are guilty of sexual assault if they had"no reasonable grounds"for believing there was consent.
The Bar Association says the law can operate unfairly,pointing to cases involving alleged offenders with mental disabilities.