Lying to woo a potential lover could land you in court

People in New South Wales have been warned to avoid talking themselves up on dates as Australia’s biggest state considers law reforms that would mean sexual consent obtained through lying would be invalid.

The New South Wales Law Reform Commission has said: ‘‘We propose that the law should provide that a person who is fraudulently induced to participate in sexual activity does not, in law, consent to sexual activity.’’

Fraud invalidates consent in all Australian jurisdictions, but usually under particular circumstances.

Andrew Dyer, a Sydney University criminologist, told 10Daily.com.

‘‘It means you would have to be very careful in talking yourself up,’’ adding: ‘‘A lot of people would say that’s good.’’

Mark Speakman, New South Wales attorney general, referred its laws on consent to the commission in May 2018 after a rape case in which the convicted offender was acquitted on appeal, then a second appeal found the judge in the first appeal had made an error.

The New South Wales Criminal Code holds that sexual consent is invalid if given under a mistaken belief as to the other person’s identity or a mistaken belief that the other person is married to the person, or the sexual activity is for health purposes, or any other mistaken belief about the nature of the activity induced by fraudulent means.

Dr Jasmina Brankovich, an Australian consultant who runs response programmes about sexual harassment and gendered violence, told that legal reforms can help get ‘‘the social change we need to eliminate sexual assault’’ but added: ‘‘Preventive measures are needed, addressing the social determinants that lead to some violent sexual crimes ... and a range of education options.’’

Rape & Domestic Violence Services Australia said: ‘‘Legislative change alone is unlikely to result in significant improvement for complainants unless accompanied by cultural change.’’

‘‘It means you would have to be very careful in talking yourself up. A lot of people would say that’s good.’’ Andrew Dyer, a Sydney University criminologist