The New South Wales government will conduct a review of the way sexual consent laws in the state operate.
On Tuesday the state’s attorney general, Mark Speakman, announced he had referred consent laws to the Law Reform Commission for review in the wake of Four Corners’ investigation into a high-profile sexual assault case.
The Four Corners program focused on the case of Sydney man Luke Lazarus, who was found not guilty of sexual assault on appeal despite a jury and two judges finding that 18-year-old Saxon Mullins had not consented to sex with him in an alleyway behind a Kings Cross nightclub in 2013.
Lazarus was initially found guilty and sentenced to five years in prison in his first criminal trial.
However a judge overturned that decision on appeal. The second judge found that while Mullins had not consented to having sex, Lazarus had no reasonable basis for believing she had not.
In a second appeal in November 2017, the court of criminal appeal found that while the judge in the second trial erred, Lazarus would not be retried because it would be unfair to put him through a third trial.
The proceedings centred on the issues of consent and the accused’s knowledge of whether the complainant consented, which the review will consider.
Speakman said the review would look at the sexual consent provisions in the state’s Crimes Act to determine if the law needs to be amended to protect survivors of indecent and sexual assault better.
He said he’d initiated the review after Mullins “endured two trials and two appeals with no final resolution”.
“This young woman’s bravery in coming forward and sharing her story is commendable. The delay and uncertainty in this matter was unacceptable,” Speakman said.
“We can’t legislate for respect, but we can examine whether the consent provisions in our Crimes Act require simplification and modernisation. Within the coming weeks I will recommend to the governor the appointment of a commissioner with criminal law expertise to lead this important review.”
He said the review would consider sexual assault research and expert opinion, as well as community views, and developments in law, policy and practice in Australia and internationally.
The state’s minister for the prevention of domestic violence and sexual assault, Pru Goward, said the Law Reform Commission will “take into account the experiences of sexual assault survivors in the criminal justice system”.
“The law of consent should protect vulnerable people from sexual assault and put offenders on notice,” Goward said.
“Reporting sexual assault and reliving the experience in court takes enormous courage, and I look forward to considering the recommendations of this review.”
