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.

Everything You Need To Know About Timeshare

 

A timeshare is a residential real estate program for a vacation destination or resort. As the word "share" implies, multiple owners split the property's cost. In exchange, each owner is granted the right to occupy the property for a set period of time. For example, you can buy a unit a room, suite of rooms, condo, or whatever and use it for a week each year. The standard amount of time that resorts sell to one owner is a week per year, though some resorts allow owners to purchase larger or smaller annual time blocks.

What is the procedure for purchasing a timeshare?

Deeded and non-deeded timeshare contracts are the two kinds of timeshare contracts. You get a share of ownership in deeded or "fee-simple" contracts, just like when you buy a house. Your timeshare can be resold, rented, or passed down to your children. Fee-simple or deeded timeshare transactions account for all timeshare transactions. Contracts for non-deeded or right-to-use land are similar to leases. You purchase the right to use the property for a set period of time but do not own it outright. At the end of your term, ownership reverts to the original owner. If you are wondering how to cancel my timeshare, you can contact an experienced timeshare attorney in Florida.

Fixed-week schedules

A fixed timeshare permits you to use the unit every year for the same week. Typically, these are deeded transactions. Because you can't change your week, this arrangement is great if you want predictability. You can either rent out or trade your time block with other owners. Customers are seeking greater flexibility and therefore fixed-week deals are becoming less prevalent.

Floating-week systems

A floating timeshare lets you to own one week per year, but you can choose when you want to use it. You have the option of booking your week at any moment or within a specific time frame (like June to August). These are usually deeded transactions as well. You have more freedom with the floating-week option than you have with the fixed-week option. However, you'll face firm competition for desirable time slots.

Systems that is easy to use

As previously said, right-to-use systems or non-deeded transactions provide you with a lease for your portion of the property. You'll lease for a specific number of years, for example ranging from 20 to 99. Ownership remains with the developer. At any point, you need to cancel your timeshare you can seek the help of timeshare exit team in Florida.

Systems based on points

In a points-based system, you buy a set amount of points each year that you can exchange for timeshare reservations. A hotel points-based timeshare, for example, lets you to visit at any of the hotel's contributing sites throughout the world. Vacation clubs are another name for timeshare systems.

How to Cancel My Timeshare in a Pandemic? A Complete Guide!

If you want to rescind a timeshare contract after the COVID-19 outbreak, you must act quickly and follow the correct procedures with the help of the timeshare exit team in Florida.  

Did you know and large parts of the U.S. economy reeling from a shutdown? Many have lost their jobs after the COVID-19 outbreak. Research says total nonfarm payroll employment rose by 194,000 in September, and the unemployment rate fell by 0.4 percentage points to 4.8 percentage (affected by the pandemic). This makes them incapable of paying their monthly fees or mortgage for the maintenance, especially for timeshare owners. Even in good times, owners sometimes struggle with being on the hook for a timeshare. That's because they often come with an obligation to pay maintenance fees. In the absence of paying the maintenance fees, the timeshare association will report you to a collection agency and ding your credit score. So, are you struggling to pay the maintenance fee for your current timeshare? You can't just walk away from a timeshare. So what is your option? Canceling the timeshare! So, are you wondering how to cancel my timeshare in a pandemic? Keep reading! 

How to Cancel My Timeshare in a Pandemic? 

Canceling during the COVID-19 pandemic will be easy if you hire the right attorney specializing in timeshare cancellation in Florida. Yes, if you're within the rescission period, hiring a lawyer is not a must. However, it is good to hire a professional lawyer for a safe and stress-free process, especially avoiding future problems. In any case, if you're outside the rescission period, it is very much important to hire a professional timeshare cancellation lawyer. 

Rescission Period:

A cooling-off period (rescission period) will allow you to cancel the purchase without penalty — and believe you have a legal cause of action against your developer. If you are looking to cancel the timeshare after the cooling-off period, you should make copies of all documents related to your timeshare so that you have proof of purchase. You will need to make a written statement indicating that you wish to cancel your timeshare contract. Also, it comes with an additional stressful procedure, which your lawyer can easily handle. 

Note: A rescission period is often just three or five days long. So, it's essential to act quickly if you recently purchased a timeshare you no longer want to own.

Conclusion 

A frequently-cited University of Central Florida study concludes that 85 percent of timeshare owners go to contract to regret their purchase. So, are you one among them? Who is looking to cancel the timeshare in a pandemic in a stress-free way? Consider hiring the best Timeshare exit team in Florida. 

Should I Accept the Insurer’s First Settlement Offer?

 

Personal injury can be stressful and traumatic. In fact, it can turn your life upside down if the injuries are life-threatening or make you disabled. It could cost your life, and being the victim of an accident is high, and medical bills, lost wages, and vehicle repairs can all take a toll on your finances and family.

 If you have been in car accident, probably you would have filed a personal injury claim. Once you do that, you’ll be dealing with the insurance companies, and in many cases, insurers are quick to offer a settlement. Although it might be tempting to accept the offer without the legal assistance of a personal injury attorney in Belen, remember, you’re not receiving the amount that you truly deserve.

So, it’s not a good idea to accept your insurer’s first offer, because:-

It’s a Low Offer

If the claim is in your favor, the insurance adjuster will always try to pay out as little as possible. Not only this will devalue your personal injury claim, but the insurer will offer you less than what it is worth. The first offer is always low and requires negotiation. That’s why it’s a good idea to get the assistance of car accident lawyers in Belen as they know how to negotiate and claim that settlement you truly deserve.

The Insurer Doesn’t Care About You

You’re not in the best interests of insurance companies. They work for their company and try to save company’s fund, and don’t consider your priorities and sufferings. Always be mindful about what you say to the insurance adjuster and never accept the offer without speaking to a personal injury lawyer.

You’ll Get More

Based on the losses incurred by a car accident, you’ll probably get more. Insurance companies will negotiate and try to settle out rather than go through litigation. Hence, the insurer will try to provide a better offer during the negotiation.

The Offer Isn’t Worth Your Sufferings

The offer from the insurance company should be more than the cost of your medical bills, missed wages, property damage, and other expense. Even if you receive a fair settlement, remember, you’re entitled to compensation for the pain and sufferings you’ve gone through.

Hire an Experienced Legal Attorney to Handle Your Claim

If you sustained injuries in a car accident, you’d need the assistance of a lawyer. A lawyer knows and can provide tailored solutions to help you receive the compensation you truly deserve.

So, it’s not advisable to take the offer unless the amount quoted can cover your medical bills, vehicle repairs, loss of pay, and other losses incurred by a car accident.

For further queries or to set up a consultation, please call our personal injury law firm Belen nm. 

Is Drink Driving a Criminal Offence in NSW?

 

As the holiday season approaches, many of us will be out enjoying festivities and having a drink or two. We all understand that drink driving is dangerous, but we are also all capable of mistakes. To help you understand the legal side of drink driving in NSW, we’ve answered the common questions – such as what classifies as drink driving and will it appear on your criminal record?

What classifies as drink driving in NSW?

In NSW, and across Australia, drivers must have a blood alcohol concentration (BAC) of less than 0.05 to be considered legal to drive. There are different penalties depending on the level of your BAC reading and, in some cases, the type of driver you are. The NSW levels are:

• Low: 0.05-0.079
• Mid: 0.08-0.149
• High: 0.15 and above

If you are a novice driver (on L or P-plates) you must have a zero BAC reading. If you are a specialist driver (taxis, buses, heavy vehicles) your reading levels start at 0.02 rather than 0.05. Another factor which can increase penalties is if this is your first offence or not. The most common penalties are fines ($1,000-$3,000+) and loss of license (from 3 months up to 3 years). With a mid-high BAC reading or for repeat offences, you may be given an interlock order. An interlock is a breath testing device fitted to your vehicle which prevents your car from functioning if alcohol is detected.

Do drink driving offences appear on your criminal record?

Your criminal record is a list of offences of which you have been found guilty or pleaded guilty in court. Even if you are found not guilty, the offence will be recorded on your criminal history. Your criminal record appears as part of police and background checks whereas your criminal history is mostly applicable to bail applications.

If you are required to attend court for a drink driving offence, there is a chance it will go on your criminal record. If you have been charged with a drink driving offence, it is recommended to consult with professional drink driving lawyers who can advise on your situation.

Can your criminal record be cleared?

After 10 crime free years as an adult, a conviction may become spent – meaning it is removed from a criminal record. For police or background checks you will be considered to have a ‘clean record’ once again, unless other offences are still existing. You cannot remove offences from your criminal history.

Contact our drink driving lawyers for professional legal advice

Your best chance for success in court is with Powerhouse Law. We represent clients for drink driving offences at all courts in NSW from Parramatta to Penrith, Blacktown, Campbelltown and more. For 24/7 legal assistance call 1800 100 529 or arrange a consultation with our online form.