Submission to Queensland Law Reform Commission Consent and Mistake of Fact Review: Definitions of Consent and Rape in the Queensland Criminal Code [Revised Version]

Jonathan Crowe, Asher Flynn, Bri Lee

Research output: Other contributionSubmission to governmentResearch

Abstract

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
Original languageEnglish
PublisherQueensland Law Reform Commission
Number of pages10
Publication statusSubmitted - 27 Jan 2020

Fingerprint Dive into the research topics of 'Submission to Queensland Law Reform Commission Consent and Mistake of Fact Review: Definitions of Consent and Rape in the Queensland Criminal Code [Revised Version]'. Together they form a unique fingerprint.

  • Projects

    Consent Law in Queensland: Public Advocacy Campaign

    Crowe, J. & Lee, B.

    1/01/19 → …

    Project: Research

    RASARA: Rape & Sexual Assault Research & Advocacy

    Crowe, J., Burgin, R., Mullins, S., Flynn, A., Funnell, N. & Marson, K.

    1/01/17 → …

    Project: Research

    Activities

    • 2 Invited talk
    • 1 Oral presentation

    The Mistake of Fact Excuse in Queensland Rape Law: The Path to Reform

    Jonathan Crowe (Speaker)

    20 Jan 2020

    Activity: Talk or presentationInvited talk

    The Mistake of Fact Excuse in Western Australian Rape Law: A Case for Reform

    Jonathan Crowe (Speaker), , Rachael Burgin (Speaker), & Holli Edwards (Speaker)

    17 Jul 2020

    Activity: Talk or presentationOral presentation

    Cite this