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
We are very grateful for his help and would highly recommend Timothy Stern at National Criminal Lawyers to anyone needing legal assistance.
So meticulous. In court, he done wonders and is highly respected. Highly recommended. Thanks Michael and the team.
From day one, Tim made me feel heard and reassured. He explained things in a way I could actually understand, never rushed me, and always made the time to answer my questions (no matter how small). What stood out most was that I never felt like “just another client” he genuinely cared about me and the outcome.
There were times I felt stressed and overwhelmed, but Tim always gave me confidence that we were on the right track. He fought hard for me, stayed on top of every detail, and in the end delivered an outcome I couldn’t be more grateful for.
It’s rare to find someone who is not only brilliant at what they do but also kind, patient, and down-to-earth. If you’re looking for a solicitor who will have your back every step of the way, I couldn’t recommend Tim Stern more highly.
Thanks to Michael and tim for there hard work and expertise, we achieved a result that exceeded my expectations. I always felt informed, supported, and respected throughout the entire process. I highly recommend Michael and Tim to anyone seeking a skilled and trustworthy legal advocate.
Thank you again for everything
National Criminal Lawyers
They took the time to understand the full picture and made sure we felt supported and informed through every step of the process. Thanks to their expertise, the charges were dropped and no conviction was recorded—an outstanding result we couldn’t have achieved without them.
Highly recommend National Criminal Lawyers to anyone needing strong and reliable legal representation.
Satisfactorily.
What truly stood out was their unwavering commitment to my case. They were always available to answer questions, provide updates, and offer guidance, which made a potentially stressful situation feel manageable. Their attention to detail and strategic approach led to a positive outcome that exceeded my expectations.
I was particularly impressed by Tim’s professionalism. He navigated the complexities of the legal system with ease and confidence, always advocating for my best interests.
I wholeheartedly recommend National Criminal Lawyers®. Their dedication and professionalism truly set them apart, and I am thankful for their support throughout my legal journey. Thank you, Tim and his dedicated team for your exceptional service!
What truly stood out was their unwavering commitment to my case. They were always available to answer questions, provide updates, and offer guidance, which made a potentially stressful situation feel manageable. Their attention to detail and strategic approach led to a positive outcome that exceeded my expectations.
I was particularly impressed by Tim’s professionalism. He navigated the complexities of the legal system with ease and confidence, always advocating for my best interests.
I wholeheartedly recommend National Criminal Lawyers®. Their dedication and professionalism truly set them apart, and I am thankful for their support throughout my legal journey. Thank you, Tim and his dedicated team for your exceptional service!
John Amiradakis was not only extremely knowledgeable and strategic, but also genuinely compassionate. He explained every step clearly, fought tirelessly in and out of court, and ultimately helped me secure a full acquittal. Their attention to detail, calm under pressure, and powerful advocacy in court truly made the difference.
Thanks to John Amiradakis, I've been given a second chance and I'll never forget that. If you're looking for a criminal lawyer who will stand by you and fight for the truth with skill and integrity, I wholeheartedly recommend John Amiradakis.
From day one, Michael was deeply attentive, compassionate, and laser focused. He listened with patience and treated me with the utmost respect, not just as a client, but as someone who genuinely mattered. He became more than just a lawyer . He became a protector, and a big brother figure.
In court, Michael is fearless, and unbelievably sharp. He didn’t just defend us, he fought for me with unmatched passion and brilliance. His knowledge of the law, his strategic mind, and his unwavering confidence turned the tide in our favour. Every move he made was calculated, professional, and powerful.
Michael quite literally saved my life. He gave mr back my future and peace. He navigated the complexities of our case with intelligence, integrity, and an unshakable commitment to justice. His belief in us never wavered, and that belief gave me strength when i had none left.
If anyone is ever in need of a lawyer who is not only exceptional at what he does but also genuinely cares about the people he represents, Michael Moussa is the name you can trust. He is a warrior in court, a counsellor outside it, and a true blessing in our lives.
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…
