Consent, Power and Mistake of Fact in Queensland Rape Law

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Abstract

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.
Original languageEnglish
Pages (from-to)21-40
Number of pages20
JournalBond Law Review
Volume23
Issue number1
Publication statusPublished - 2011
Externally publishedYes

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