Affirmative Sexual Consent Laws in NSW – What You Need to Know

 

Major reforms have been made by the New South Wales parliament regarding the Affirmative Sexual Content laws in the state. The changes have been made to ensure that justice is served to the survivors and victims of sexual assault cases. According to this law, both participants should consent to sexual activity, otherwise it would be considered assault or rape. So, what does this mean, and what can you expect from the law? In this blog, expert criminal lawyers in Sydney will provide you with more information.

An Overview of the NSW Sexual Consent Laws:

On the 23^rd of November 2021, the Affirmative Consent Bill was passed by the government, intruding the new affirmative consent principle.  The previous law explicitly stated that the prosecution had to prove that the accused person in a sexual assault or intercourse case (rape) ‘had sexual intercourse with the other person without their consent, and knew that the other person was not consenting’.  However, with the introduction of the new law, sexual consent should be communicated by actions or words, rather than being assumed. Victims’ groups and advocates, who have been demanding to change the law, appreciated the move.

Objectives of the New Law:

Changes have been brought to NSW sexual consent laws to assert that everyone has the right to decide if they should be involved in a sexual activity. Mutual communication is a must for consensual sex. The criminal lawyers in Sydney explain that the individuals participating in sexual intercourse should voluntarily and explicitly agree.

The new law also describes that a person has the right to withdraw consent at any time. Just because someone consented to sex doesn’t mean that they agree to other sexual activities or continue to engage in that or a different activity. For instance, if consent is given to ‘sexual touching’, affirmative consent is still required to proceed with ‘sexual intercourse’.

The best criminal lawyers in Sydney clarify that ‘sexual act’, ‘sexual intercourse’ and ‘sexual touching’ are three different things. The introduction of verbal consent in the new law is designed to clarify any issues surrounding victims who were frozen with fear and unable to tell the perpetrator to stop.

The Reason Behind the Changes:

In many cases, it was not easy to tell if there was consent in a sexual activity with the previous law. The case of Luke Lazarus – who was accused of rape by Saxon Mullins – is a glaring example of the same. In the case, Luke was initially found guilty in the first trial; however, he was acquitted of all charges in a retrial. Later, the court of criminal appeal specified that there wouldn’t be a third trial because the prosecution were unable to prove beyond a reasonable doubt that Mr Lazarus knew Ms Mullins was not consenting. The reforms will hopefully bring more clarity in sexual assault cases.

NSW Attorney-General Mark Speakman said, “No law can ever erase the trauma of sexual assault, but we have listened to calls for change and consulted victim-survivors and legal experts to improve our response to sexual violence.”

If you have any questions about the new sexual consent law, get in touch with our top criminal law firms in Sydney today. You can reach the Powerhouse Law team 24/7 on 1800 100 529 or submit your details through the online form.

Debunked Most Popular Personal Injury Claims

Unfortunately, personal injury accidents are common occurrences, injuring many people across the United States. Accidents can happen to anyone in various circumstances for different reasons, but the result is the same. Victims of personal injury accidents suffer significant damages, including lost wages, permanent disability, lost earning potential, expensive medical loss, loss of peace, and pain and suffering. However, if someone else caused your injury and financial losses, you’re entitled to file a personal injury claim for compensation.

A personal injury attorney from a reputed personal injury law firm Los Lunas nm can help protect your rights and potentially help receive the compensation you truly deserve for your sufferings and pain. However, some common myths regarding the claim process and compensation are misleading. You might be surprised to learn that some facts aren’t true. That’s why we have debunked some of the most popular misconceptions:-

Myth #1 You’re Guaranteed Compensation as You Have Filed a Case

Well, indeed, a myth. As you’ve filed a personal injury lawsuit, it doesn’t mean the case will resolve favorably. This’s because every personal injury case is different, and the amount of compensation depends on the case. There’s no guarantee that you’ll win the case. It’s better to seek the advice of a personal injury attorney in Los Lunas.

Myth #2 You’ll Need to Go to Court

Most personal injury claims never go to court. Only a few cases make it to the trail. A majority of the personal claims are resolved with an out-of-court settlement. A personal injury attorney can handle all the aspects of the claim, including negotiating with insurance companies and defendants. While a claim might go to trial in certain circumstances, it happens rarely.

Myth #3 Victims Can File a Personal Injury Claim at Any Time

No! Indeed, misleading information. Victims of personal injury accidents can file a personal injury claim indefinitely due to the state’s statutes of limitations setting timelines. The deadline date can vary from one state to another. But, there’ are time limitations to file the claim in each state. If you happen to miss the deadline for filing suit, you’re not entitled to pursue compensation. In addition, if you’re filing against a government entity, the timeline for filing the claim can be even shorter than the normal limitations.

Myth #4 You Don’t Need a Personal Injury Attorney

Seeking legal advice is a good idea, especially when you have been hurt due to another person’s negligence. You might have sustained a few minor injuries, but your medical bills will be expensive and can add up quickly. In some cases, minor injuries can result in serious health conditions over time. By the time, you’d have lost your rights to a legal claim. So, it’s a good idea to speak to car accident lawyers in Los Lunas as soon as possible.

For further queries on your personal injury claim, please get in touch with our team.  

When is the Right Time to File a Personal Injury Claim?

 

When you’re injured because of another party’s negligence, you’ve got the right to file a personal injury lawsuit to seek compensation for the losses incurred. However, there’s only limited time to filing your claim following the accident. Each state has its own laws regarding personal injury claims in which there will be a time limit for pursuing a claim against the liable party after the accident. However, in most cases, you have to file the claim anywhere from one to three years after the accident.

Regardless of the time limit, it’s essential to act quickly when it comes to personal claims. As soon as you realize that you need to claim, consult with an experienced personal injury attorney in Belen and start preparing the claim, evidence, and other documents.

Understanding the Statutes of Limitations

All personal injury claims are subjected to the statutes of limitations. They set the deadlines for filing a claim, and it’s very strict. The statutes of limitations can vary from one state to another and has certain limitations. Depending on the type of personal injury case, the time limitations differ drastically. That’s why it is important to understand the statute of limitations.

If you file a claim after the timeline, it’s likely that the court will dismiss your case and consider that you’re ineligible for claiming compensation for your losses. Also, please be aware that most states have a discovery rule in the exemption in which the rule extends the filing deadline in situations, including the victim isn’t aware that they’re injured or the at-fault party’s negligence caused the injury. The car accident lawyers in Belen know about this rule, and they can guide you to file a claim using it.

To determine how long you’ve to file a claim, you’ll have to work closely with your personal injury attorney. Approach the attorney right away, so you don’t risk your chances for compensation.

Hire a Personal Injury Attorney

It’s always best to consult a personal injury attorney for anything more than a very minor claim to know about your options. Of course, you can handle a minor personal injury claim by yourself as long as you’re well-educated about the process and confident that you can get a fair result. But, this’s not the case with all the claims. You’ll need a seasoned personal injury attorney by your side, especially if you’ve suffered significant injury and the insurance company is trying to reduce your settlement in all possible ways.

In short, if you’ve lost your job, broke a bone, and medical bills are more than a couple of thousand dollars, you’ll have to hire an attorney to file a personal injury claim within the time limitations of the state.

For further queries on the timeline of personal injury claims in Belen, please call our personal injury law firm Belen nm.