Consent, Power and Mistake of Fact in Queensland Rape Law

Bond Law Review, Vol. 23, No. 1, pp. 21-40, 2011

University of Queensland TC Beirne School of Law Research Paper No. 11-09

20 Pages Posted: 21 Sep 2011

See all articles by Jonathan Crowe

Jonathan Crowe

University of Southern Queensland - School of Law and Justice

Abstract

This article critically examines the legislative definition of rape in Queensland, ten years after the last round of major amendments in 2000. It begins by examining the approach of the Queensland Court of Appeal to the central notion of consent, focusing on cases decided since the amendments. The article then considers the role played by the defense of mistake of fact under s 24 of the Criminal Code 1899 (Qld) in a number of recent appeals from rape convictions. It is argued that that the Queensland legislature should consider significantly limiting the application of s 24 to the offense of rape.

Keywords: rape law, sexual assault law, consent, mistake of fact defence

Suggested Citation

Crowe, Jonathan, Consent, Power and Mistake of Fact in Queensland Rape Law. Bond Law Review, Vol. 23, No. 1, pp. 21-40, 2011, University of Queensland TC Beirne School of Law Research Paper No. 11-09, Available at SSRN: https://ssrn.com/abstract=1931477

Jonathan Crowe (Contact Author)

University of Southern Queensland - School of Law and Justice ( email )

West Street
Toowoomba, Queensland 4350
Australia

HOME PAGE: http://jonathancrowe.org/

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