The NSW state government announced a review into sexual consent laws earlier this week after a Four Corners report detailing the experience of Saxon Mullins and the high-profile acquittal of Luke Lazarus, the son of a Kings Cross nightclub boss.

The case has sparked conversation on the issue of consent and the current court processes experienced by survivors of sexual assault. 

Lawyer Ashlea Patterson has called for the consideration of specialist courts and the exploration of restorative justice for complainants. 

“Another idea of having is having specialist courts to deal with cases of a sexual nature,” she said.

“Another possibility is to impose a system of restorative justice. Restorative Justice is essentially a process where the defendant admits wrongdoing, the victim is given the chance to tell the defendant how their actions have impacted them and the outcome is focused on greater support and a more outcome positive for the victim.” 

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The option is currently available for survivors in Britain, Canada and New Zealand. 

“For the defendant, the outcome may involve imprisonment or community-based alternatives. The focus is rehabilitation - on identifying any underlying behavioural issues, where relevant,” she said. 

The Four Corners report detailed how Saxon Mullins’ case went through two trials and subsequent appeals, resulting in Mr Lazurus being acquitted on the second trial.

Another court later ruled came to the conclusion the appeal judge had made an error.

The court said the judge failed to consider whether Mr Lazarus took any steps to consider whether Ms Mullins had actually consented, but another trial was not ordered. 

The review has caught the eye of Griffith’s Yvonne Wilson who has been involved in social work and the welfare sector for over two decades. She currently works as the CEO of Linking Communities. 

Ms Wilson feels there needs to be more community discussion about what constitutes consent and how better to support victims. 

“They need to define consent. Therein lies the problem. It’s very clear you’re not consenting if you’re screaming, fighting and scratching,” she said. 

“If they perhaps feel threatened or frightened they might feel unable to say no. They are silent. Consent needs to be better defined. It needs to clarified.” 

From a legal perspective, Ms Patterson is concerned about the ambiguous nature of ‘enthusiastic consent’, a proposed reform popping up in media coverage since the review was announced. 

“A concern that has been raised in relation to the ‘enthusiastic consent’ or ‘affirmative consent’ model is that it could lead to laws becoming rigid or unworkable because of the idea that nothing other than an affirmative “yes” is evidence of consent,” she said.

“There is also the question about what constitutes 'enthusiastic consent', and a concern that the provision might not be applicable to real-life situations.” 

Ms Wilson suggested complainants could be better supported by speeding up often-lengthy waiting times and offering more counselling during the court process.

Her advice to those affected by sexual abuse or harassment was simple. 

“Don’t be embarrassed by it.  You’re absolutely not alone. It’s not your fault. You didn’t do anything to precipitate that abuse,” she said. 

“I encourage male and female, young and old. If you’re in that situation where you can, I encourage you to speak up and regain your power.” 

If you or someone you know has experienced sexual assault or violence, please call 1800RESPECT on 1800 737 732 or Lifeline on 13 11 14.