Sex by Fraudulent Inducement | 300+ Google Reviews

Key Points

As of 1 June 2022, under section 61HJ(1)(k) of the Crimes Act 1900 (NSW), a person does not consent to sexual activity if they participate due to a fraudulent inducement.
This means that lying to obtain sexual consent can now amount to sexual assault or other serious sexual offences.
However, misrepresentations about income, wealth or feelings are excluded and do not vitiate consent under this provision.
The law does not clearly define what other lies qualify as “fraudulent inducement”, creating significant legal uncertainty.

What is a Fraudulent Inducement?

The law defines “fraudulent inducement” as excluding lies about:

Income
Wealth
Feelings

But it remains unclear what types of deception will trigger criminal liability. The Second Reading Speech suggests that “white lies” like “I’m single” or “I own this bar” are unlikely to qualify. However, this guidance is not written into the legislation itself and police are not bound by such parliamentary commentary.

What Sexual Offences Could Apply?

If consent is found to be vitiated by fraud, the accused could face charges including:

Sexual assault (up to 14 years’ imprisonment)
Aggravated sexual assault (up to 20 years)
Sexual touching (up to 5 years)
Sexual acts (up to 18 months)
And other related aggravated offences

Examples from Other Cases

Courts in Australia and overseas have dealt with cases involving:

Lying to sex workers about payment
Deceiving about job roles (e.g., pretending to be a talent scout)
Lying about fertility or STI status
False claims of being single or of a certain religion
Stealthing (removing a condom without consent)

Whether these fall under NSW’s new laws will depend on future judicial interpretation.

Is Silence Enough to Be a Crime?

While the Second Reading Speech suggests that non-disclosure alone isn’t enough, the legislation doesn’t say this explicitly. Courts or police may interpret the law differently, especially in complex or borderline cases.

Legal Uncertainty

This area of law is still developing. The lack of clarity about what constitutes a criminal “fraudulent inducement” means individuals may face charges over unclear or disputed conduct.