Wagga advocates welcome overhaul of sexual consent laws

The reforms announced by Attorney-General Mark Speakman on Tuesday mean defendants would only be able to prove sex was consensual if they took active steps to obtain consent.

"It's a matter of common human decency. It's about time the law caught up," he said.

The reforms went further than those recommended in the Law Commission review's 270-page report delivered last year.

Under the legislation, which could be in place by the end of the year, the accused will need to have done or said something reasonable in the circumstances to ascertain consent.

It will simplify and clarify current laws in several ways, Mr Speakman added.

"No one should assume someone is saying 'yes' just because they don't say 'no' or don't resist physically," he said. "Steps should be taken to make sure all parties are consenting."

The reforms also include new jury directions for judges to give at trials to address misconceptions about consent. This includes that the way a person is dressed or the fact that they have consumed alcohol or drugs does not indicate their consent.

Claire Kendall, from the Wagga Women's Health Centre, said this was a positive step forward.

"This reform represents a greater understanding within NSW law about the nuanced and true nature of sexual assaults and the true nature of trauma response," she said.

"What I think is missing in the greater community's perspective is that freeze and acquiesce are a normal responses to a traumatic event, and they don't insinuate consent."

Hayley Foster, the CEO of Women's Safety NSW, said while they were thrilled with the announcement, there is still work that needs to be done.

"Changing the law on its own is not enough to encourage women who are victims of violence to report that offence and then go through that process," she said. "We need comprehensive consent education to back these laws ... and unfortunately, we have not seen any announcements that see a specialised court for sexual assault matters which is necessary."

Wagga Greens' Jenny McKinnon also welcomed the move, adding that the reforms recognised there must be a seeking of consent and enthusiastic consent given.

"Socially, we need other things to be happening at the same time," she said. "We need education around agency, around what it is to give consent, and around what it is to hold consent. And, across the entire education system."

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