Consent, Power and Mistake of Fact in Queensland Rape Law

This article critically examines the legislative definition of rape in Queensland, ten years after the last round of major amendments in 2000. It begins by examining the approach of the Queensland Court of Appeal to the central notion of consent, focusing on cases decided since the amendments. The article then considers the role played by the defence of mistake of fact under s 24 of the Criminal Code 1899 (Qld) in a number of recent appeals from rape convictions. It is argued that the Queensland legislature should consider significantly limiting the application of s 24 to the offence of rape.