Submission to Queensland Law Reform Commission Consent and Mistake of Fact Review: Mistake of Fact Excuse in Queensland Rape and Sexual Assault Law [Revised version]

In the second half of 2018, the Attorney-General sought the views of key legal stakeholders about the operation of Queensland's existing laws regarding consent and the excuse of mistake of fact as they apply to rape and sexual assaults.
In the first half of 2019 sexual violence service providers, victims and survivors, and other members of the community were consulted on the development of a Sexual Violence Prevention Framework for Queensland.
The results of this consultation revealed many and varied views on the operation of laws regarding consent and the excuse of mistake of fact, which has informed the Queensland Government's decision to refer these matters to the Queensland Law Reform Commission.

The Commission is asked to examine the operation and practical application of:
(a)the definition of consent in section 348; and
(b)the excuse of mistake of fact in section 24 as it applies to rape and sexual assaults in Chapter 32 of the Criminal Code.
The Commission is asked to make recommendations on:
(a)whether there is a need for reform of:
i.the definition of consent in section 348;
ii.the excuse of mistake of fact in section 24 as it applies to rape and sexual assaults in Chapter 32 of the Criminal Code; and
(b)any other matters the Commission considers relevant having regard to the issues relating to the referral.

The Commission is to provide a report on the outcomes of the review to the Attorney-General and Minister for Justice and Leader of the House by 17 April 2020.