Abstract
[Extract] Consent law in Queensland can be complicated. We actually have quite a comprehensive, progressive definition of consent, but the ‘mistake of fact’ defence undermines and contradicts that definition. It allows defendants to benefit from old attitudes and rape myths, undoing the practical effects that society’s changing attitudes toward consent have had on the definition itself.
A recent empirical study into Australian stakeholder perceptions of the ‘mistake of fact’ defence in rape law—including lawyers, sexual assault professionals and members of the broader community—found that many participants viewed the notion of mistaken belief in consent as vague, overly broad and “biased in favour of the defendant”.
A recent empirical study into Australian stakeholder perceptions of the ‘mistake of fact’ defence in rape law—including lawyers, sexual assault professionals and members of the broader community—found that many participants viewed the notion of mistaken belief in consent as vague, overly broad and “biased in favour of the defendant”.
| Original language | English |
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| Journal | Themis Says: The Blog of the Feminist Legal Studies Group at Monash |
| Publication status | Published - 23 Jan 2020 |