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Sexual Relations In Disbarment Cases

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While it is has been held in disbarment cases that the mere fact of sexual relations between two unmarried adults is not sufficient to warrant administrative sanction for such illicit behavior, it is not so with respect to betrayals of the marital vow of fidelity. The Court has considered sexual relations outside marriage as disgraceful and immoral as it manifests deliberate disregard of the sanctity of marriage.
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On May 12, 2013 a Sydney man Mr Lazarus was accused of raping an 18 year old woman in an alley outside his father’s nightclub. This case caused discussion about NSW sexual consent laws. This case clearly highlights the effectiveness and some major flaws of the legal system. During the first jury trial in NSW District Court Mr Lazarus was convicted for rape without sexual consent and resulted in a maximum of five-year prison sentence. After serving in prison for 11 months the Court of Criminal Appeal conducted a second trial for the case which resulted in an acquittal as Judge Tupman claimed that Mr Lazarus truly did believe that Ms Mullins did consent which is a crucial element of the offence of sexual intersource without consent.

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Law 129 (Doc C) states that if a married lady is caught in adultery with another man, they will be blinded then casted into the water, whereas law 148 (Doc C) states that if a man has married his wife and a disease has seized her, and he is determined to marry his second wife he will marry the second wife but not divorce the wife who is diseased. This is unjust because the man can leave his wife and get remarried, but a married woman will get blinded and then thrown into water if caught in adultery. The law would have been more just if both men and women had the same consequence when caught in

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