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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