Keeping incest in the family

David Field

Research output: Contribution to journalArticleResearchpeer-review

Abstract

In its recent decision in R v Rose (2009)227 FLR 433 [2009] QCA 83227 FLR 433 [2009] QCA 83, the Queensland Court of Appeal held that it did not constitute the crime of "incest" for a man to have consensual intercourse with the 17-year-old daughter of his former de facto because, in terms of s 222(8) of the Queensland Criminal Code , the two were "entitled to be married". The author argues that this decision has unfortunate implications, for future "victims" of such crimes, for the normally understood distinction between a "right" and a "freedom", and for the consistency of Queensland State law in this area with related laws of the Commonwealth.
Original languageEnglish
Pages (from-to)81-87
Number of pages7
JournalQueensland Lawyer
Volume30
Issue number2
Publication statusPublished - 2010

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incest
offense
state law
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Cite this

Field, D. (2010). Keeping incest in the family. Queensland Lawyer, 30(2), 81-87.
Field, David. / Keeping incest in the family. In: Queensland Lawyer. 2010 ; Vol. 30, No. 2. pp. 81-87.
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Field, D 2010, 'Keeping incest in the family' Queensland Lawyer, vol. 30, no. 2, pp. 81-87.

Keeping incest in the family. / Field, David.

In: Queensland Lawyer, Vol. 30, No. 2, 2010, p. 81-87.

Research output: Contribution to journalArticleResearchpeer-review

TY - JOUR

T1 - Keeping incest in the family

AU - Field, David

PY - 2010

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N2 - In its recent decision in R v Rose (2009)227 FLR 433 [2009] QCA 83227 FLR 433 [2009] QCA 83, the Queensland Court of Appeal held that it did not constitute the crime of "incest" for a man to have consensual intercourse with the 17-year-old daughter of his former de facto because, in terms of s 222(8) of the Queensland Criminal Code , the two were "entitled to be married". The author argues that this decision has unfortunate implications, for future "victims" of such crimes, for the normally understood distinction between a "right" and a "freedom", and for the consistency of Queensland State law in this area with related laws of the Commonwealth.

AB - In its recent decision in R v Rose (2009)227 FLR 433 [2009] QCA 83227 FLR 433 [2009] QCA 83, the Queensland Court of Appeal held that it did not constitute the crime of "incest" for a man to have consensual intercourse with the 17-year-old daughter of his former de facto because, in terms of s 222(8) of the Queensland Criminal Code , the two were "entitled to be married". The author argues that this decision has unfortunate implications, for future "victims" of such crimes, for the normally understood distinction between a "right" and a "freedom", and for the consistency of Queensland State law in this area with related laws of the Commonwealth.

M3 - Article

VL - 30

SP - 81

EP - 87

JO - Queensland Lawyer

JF - Queensland Lawyer

SN - 0312-1658

IS - 2

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Field D. Keeping incest in the family. Queensland Lawyer. 2010;30(2):81-87.