Communicative consent in New South Wales: Considering Lazarus v R
In this article, we consider the influence of the communicative model of consent in New South Wales. After outlining the model, we argue that it stood behind 2007 reforms to the law of sexual assault in New South Wales. Then, we analyse a recent appellate decision, Lazarus v R [2016] NSWCCA 52, asking whether the communicative ideals that underpinned the 2007 amendments are evident in the legal discourses in the judgments. We argue that communicative ideals remain under-realised in the discourses.
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