NSW Consent Laws now protect Sex Workers from Non-Paying Clients
NSW has updated its consent laws to include that where payment is a condition of consent (e.g. sex work), failing to pay can invalidate consent. The change will allow sex worker to report non-paying clients to police for sexual assault under the NSW criminal law.
Why This Change Was Needed
Historically, some sex workers reported difficulties pursuing complaints where clients refused to pay after sexual activity occurred. In some cases, non-payment was treated as a civil or contractual issue rather than a matter of criminal law.
The updated position makes clear that where sexual activity occurs only on the condition of payment, and a client intentionally refuses to pay, the sexual activity may be treated as non-consensual.
This brings the law into line with modern understandings of consent — as active, ongoing and conditional, rather than assumed or implied.
How Consent Is Defined Under NSW Law
Under NSW law, consent must be:
Freely and voluntarily given; and
Informed; and
Ongoing throughout the activity
Importantly, consent can be withdrawn or invalidated if a key condition is breached.
Under the new law, where payment is a fundamental condition of consent, deliberately refusing to pay may mean that consent never existed, or ceased once the condition was breached.
What the Law Now Makes Clear
The clarification confirms that:
Sex workers are entitled to the same legal protections as any other person
Consent is not automatic simply because sex work is lawful
Non-payment can amount to sexual assault, not just a commercial dispute
Courts will assess consent in the full context of the agreement, including conditions attached to it
This change also reflects broader national and international trends recognising sex workers’ rights and bodily autonomy.
Why This Matters Beyond Sex Work
Although the change directly affects sex workers, the broader legal principle applies across all contexts: consent is conditional and contextual.
Courts increasingly recognise that:
Consent can depend on specific conditions being met
Breaching those conditions can fundamentally alter the nature of an act
The law will protect individuals where boundaries are knowingly ignored
This reinforces that sexual autonomy is a legal right, regardless of profession or circumstance.
What This Means in Practice
For sex workers:
The law provides stronger backing when boundaries are violated
Non-payment should not be minimised or dismissed as “part of the job”
Legal avenues exist where consent is breached
For clients:
Refusing to pay is not just unethical — it may constitute sexual assault and carry serious criminal consequences.
For the community:
The clarification promotes fairness, safety and dignity
It reinforces that the law does not tolerate exploitation or coercion
This OYBlog was created with AI assistance based on the following source:
NSW consent laws protect sex workers against non-paying clients