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 language | English |
|---|---|
| Pages (from-to) | 21-40 |
| Number of pages | 20 |
| Journal | Bond Law Review |
| Volume | 23 |
| Issue number | 1 |
| Publication status | Published - 2011 |
| Externally published | Yes |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 16 Peace, Justice and Strong Institutions
Fingerprint
Dive into the research topics of 'Consent, Power and Mistake of Fact in Queensland Rape Law'. Together they form a unique fingerprint.Related Projects
- 1 Active
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RASARA: Rape & Sexual Assault Research & Advocacy
Crowe, J. (Chief Investigator), Burgin, R. (Chief Investigator), Mullins, S. (Chief Investigator), Flynn, A. (Chief Investigator), Funnell, N. (Chief Investigator) & Marson, K. (Chief Investigator)
1/01/17 → …
Project: Research
Related Activities
- 1 Oral presentation
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The Mistake of Fact Excuse in Western Australian Rape Law: A Case for Reform
Crowe, J. (Speaker), Burgin, R. (Speaker) & Edwards, H. (Speaker)
17 Jul 2020Activity: Talk or presentation › Oral presentation
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