In its recent decision in R v Rose (2009)227 FLR 433  QCA 83227 FLR 433  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.
|Number of pages||7|
|Publication status||Published - 2010|
8 Feb 2014
Supervisor: Stuesser, L. (Supervisor) & Van Caenegem, W. (Supervisor)
Student thesis: Doctoral Thesis