Relationship advice with Michael Moussa – Principal Lawyer at NCL
This popular TikTok series breaks down the most important legal principles around Sexual Consent in NSW.
What’s this thing called ‘consent’?
Guys – let’s talk about sex.
You’ve heard the word “consent” thrown around a lot… But what does it REALLY mean?
Let me break it down for you into four simple steps.
These are the things that you must understand to keep both you and your partner safe.
Without these insights, you run a very real risk of committing a sexual assault offence – maybe without even knowing it – and being charged by the police.
Check these out or hit me up.
Does her age actually matter?
Guys – she must be 16 years or older. It’s that simple.
If she’s under 16 – legally – she cannot give consent to any sexual act – no exceptions. Even if she screams YES – the law says NO
And what you need to get is that the law is the loudest voice here guys.
Engaging in any sexual activity with someone under 16 years of age could lead to serious charges for sexual assault of a minor.
The consequences are life-changing.
If you think you might be in some trouble – drop me a line.
How do I know if I’ve got consent?
So, what exactly is consent?
Essentially, consent is when someone freely and voluntarily agrees to engage in a sexual act.
But what you need to pay attention to is that it is only consent when it is given by her freely and voluntarily.
If she doesn’t give it of her own free will – then she doesn’t give it at all.
So, if you are applying a little pressure to get her into bed, or you have charmed her into doing something she is uncomfortable with – even if she says “YES”, the law will regard this as “NO”.
So you could be committing an act of sexual intercourse without consent and face serious consequences.
If you need to know more on this – get in touch with me today.
Can I take her smile as consent?
Listen up, guys. Consent must be clearly stated by her.
A nod – a smile – a wink – IS NOT consent.
In fact, anything other than a clear “YES” you cannot take as consent.
But here’s the tricky part guys – consent must be specific.
Let’s break it down.
Just because she says “YES” to one act, does not mean she said “YES” to the second or third act. You’ve gotta check in fellas and make sure she is still on board – from the beginning all the way to the end.
So if you are trying on your best moves – make sure that you check in with her – because you need her consent for each and every act.
If you are unsure about a situation you’ve been in, hit me up with your questions.
What about last night?
Had a big night out and got some action? Woken up with a cracking hangover?
Here’s what you need to know: she must be capable of giving consent.
Let’s break it down a bit.
If she was heavily intoxicated when you had sex with her, the law will consider that she did not have the capacity to consent – no matter what she said, no matter how willing she seemed, no matter what she did with you at the time.
So, next time you’re out, take it easy on the drinks with her. If she has had too much – don’t risk it – because the law says that she cannot give consent to any sexual act if she is intoxicated.
More than one of our clients has learned this lesson the hard way.
Sexual Consent Defence Lawyers in NSW – Protecting Your Rights, Fighting the Charges
Have you been charged over an incident involving consent?
Or are you unsure whether your actions could lead to criminal charges?
At National Criminal Lawyers®, we specialise in defending clients accused of sexual offences in NSW.
Our experienced legal team understands how complex and confusing sexual consent laws can be — especially for men navigating social and legal boundaries.
We’re here to help you understand your rights and build a strong defence.
Got the goods…
We’re a highly awarded Law Firm.
Here are some recent Sexual Assult Offences Awards that NCL has received for our work last year…
View our other Awards!
Rated best criminal lawyers
2018| 2019|2020 | 2021 | 2022 | 2024 | 2025
Got the Receipts…
Some examples of the Court Advice for the NOT GUILTY verdicts for Sexual Assault cases.
Click the image to view the full PDF (redacted of personal information)
See our 5-star Google Reviews
From the very beginning, Michael was exceptional. I was going through an incredibly stressful and uncertain time, but his confidence, professionalism and genuine understanding of my situation made an enormous difference.
What impressed me most was Michael’s advocacy. His preparation, attention to detail, strategic approach and ability to present my case in Court were outstanding. He was calm, articulate, persuasive and clearly knew exactly what he was doing.
Throughout the entire process, Michael was approachable, honest and reassuring. He took the time to explain everything, answered my questions and made me feel that my matter was genuinely important to him.
Having someone of Michael’s calibre representing me during such a difficult period gave me tremendous confidence and peace of mind.
I am extremely grateful for his hard work, dedication and representation. I would highly recommend Michael Moussa and National Criminal Lawyers to anyone looking for an experienced, committed and highly capable criminal defence lawyer.
If you are looking for the best possible outcome for your case, look no further. Mr Moussa is the right person to have on your side. He is confident, highly knowledgeable, professional, and excellent at finding practical solutions and negotiating the best possible outcomes.
I always felt that my case was in capable and professional hands. Michael and Ranii were supportive, responsive and genuinely committed to helping me throughout the process.
I am extremely grateful for their assistance and would have no hesitation in recommending National Criminal Lawyers to anyone looking for experienced and dedicated legal representation.
From the very beginning, Michael took care of me and made sure I was supported throughout the entire process. He was always available to answer my questions and explain everything clearly, which gave me a lot of confidence during a very stressful time.
Michael was fast, sharp, professional and extremely well prepared. His performance in court was outstanding, and he worked hard to make sure I received the result I was hoping for. I always felt that he genuinely cared about my situation and had my best interests in mind.
I’m very grateful for the way Michael and his team looked after me from start to finish. I couldn’t recommend Michael Mossa and National Criminal Lawyers highly enough. Thank you to Michael and the whole team for everything you did for me.
Michael Mousa initially recommended that Mathew Frenandez handle my case, and I’m extremely grateful that he did.
Mathew was outstanding from beginning to end. His preparation, attention to detail, knowledge of the law and communication were exceptional. He took the time to understand my circumstances, kept me informed throughout the process and explained the strategy in a way that was clear and easy to understand.
What impressed me most was Mathew’s ability to look beyond the obvious. He identified a legal argument that I hadn’t even considered and built a strong case around the circumstances of my matter. When it came time to appear in court, he was confident, extremely well prepared and presented the arguments strongly.
We achieved the outcome I desperately hoped for, I was able to regain my driving instructor licence and continue working in my profession. The relief I felt afterwards was enormous, and I’m genuinely grateful to Mathew for the amount of work and care he put into my case.
Thank you to Mathew, Michael and the team at National Criminal Lawyers. When something as important as your career and livelihood is on the line, you want people in your corner who genuinely know what they’re doing. I wouldn’t hesitate to recommend them.
Michael Moussa and the National Criminal Lawyers team are the best in the business.
Michael Moussa
Thankyou for your help and support
Watching him in court was something else, his confidence, eloquence, and control of the room honestly made me feel stronger in a moment where I was completely overwhelmed.
This was one of the most tumultuous periods of my life, and Michael didn’t just represent me legally , he guided me through it.
I learned a lot through the case, but also through him, lessons I will hopefully carry for the rest of my life.
Jodie and the rest of the team were also consistently kind, responsive, and supportive throughout. I can’t recommend NCL highly enough and will reach out and refer my friends and family to them if need arises.
Thank you and keep up the good work 🙏
Watching him in court was something else, his confidence, eloquence, and control of the room honestly made me feel stronger in a moment where I was completely overwhelmed.
This was one of the most tumultuous periods of my life, and Michael didn’t just represent me legally , he guided me through it.
I learned a lot through the case, but also through him, lessons I will hopefully carry for the rest of my life.
Jodie and the rest of the team were also consistently kind, responsive, and supportive throughout. I can’t recommend NCL highly enough and will reach out and refer my friends and family to them if need arises.
Thank you and keep up the good work 🙏
Understanding Consent Laws in NSW: A Guide for Men
With changes to sexual consent laws in New South Wales, it’s never been more important to understand your legal obligations. Whether you’re seeing someone casually, in a committed relationship, or meeting someone new, having a clear grasp of consent could mean the difference between a lawful interaction and facing serious charges.
Here’s what you need to know.
Affirmative Consent Is Now the Law
NSW law now requires affirmative consent. This means that neither silence nor a lack of resistance can be taken as agreement to engage in sexual activity. You must actively check that the other person is giving their consent freely and clearly. If there’s any doubt, you are legally expected to ask. This approach represents a major shift in how sexual consent is interpreted and enforced in NSW.
Can Someone Consent if They’re Intoxicated?
If a person is intoxicated under the influence of drugs or alcohol, they legally cannot consent to sex. Choosing to proceed in such a situation could lead to serious criminal charges. Always assess whether your partner has the capacity to voluntarily agree. Failing to do so may result in consequences such as imprisonment or being listed on the sex offender registry.
Dealing With False Allegations
Although uncommon, false accusations do occur — and they can have life-altering impacts. If you find yourself facing an allegation, do not engage with the complainant. Instead, get in touch with a lawyer immediately and avoid making any statements before you’ve received legal guidance. At National Criminal Lawyers®, we are experienced in defending clients accused of sexual offences and providing the support they need during such critical times.
Consent in the Courtroom
Consent is frequently the central issue in sexual offence trials. Prosecutors often rely on the complainant’s testimony, along with any texts, social media messages, or witness accounts. Your legal defence will focus on showing that consent was present, clear, and voluntary. Cross-examining the complainant and scrutinising inconsistencies in their version of events are crucial parts of mounting an effective defence.
Speak to a Lawyer Sooner Rather Than Later
If you’re being investigated or charged — or if you simply want to ensure you understand your rights — getting legal advice early can make all the difference. Our team at National Criminal Lawyers® is here to give you clear, straightforward guidance. If you’re trying to find a trusted sexual assault defence lawyer in Sydney, we’re here to help.
You’re Not Alone
Allegations involving consent are serious, but you don’t have to face them without support. Call us now on 1800 CRIM LAW to speak confidentially with one of our highly experienced lawyers. Led by Michael Moussa, a recognised leader in sexual offence defence, our team is committed to protecting your future.
Read our Sexual Consent blogs
Charged in company: how a sexual assault allegation involving more than one person changes the offence, the court and the sentence
Sexual assault charges involving multiple accused engage the “in company” provisions, lifting maximum penalties to life imprisonment. Here is how…Accused of something from thirty years ago: how historical sexual assault allegations are actually prosecuted in NSW
There is no statute of limitations on serious sexual offences in NSW. Here is how historical allegations are prosecuted, where…Navigating Consent and Complexity: The Case of Mr. M and a Total Jury Acquittal
NCL secured not guilty verdicts on all counts at the Downing Centre District Court after a jury trial involving serious…- Consent Laws | Criminal Law | Police Powers | Sexual Assault | Sexual Consent | Sexual Offences | Your Rights
Sexual touching, sexual assault and consent in NSW – what the law actually says and what the prosecution must prove
NSW’s 2021 consent reforms changed what the prosecution must prove in sexual assault cases. Here is what affirmative consent means…
