Skip links and keyboard navigation

Have your say on Queensland’s laws relating to consent and the excuse of mistake of fact

The Queensland Law Reform Commission is reviewing the operation and practical application of Queensland’s laws relating to consent and the excuse of mistake of fact as they apply to rape and sexual assaults in Chapter 32 of the Criminal Code.

The Commission has released a consultation paper (WP No 78) outlining the legal issues in the review, and invites written submissions in response to the questions posed in the paper.

The Commission has been asked to make recommendations on:

(a) whether there is a need for reform of:

    (i) the definition of consent in section 348 of the Criminal Code;         

    (ii) the excuse of mistake of fact in section 24 as it applies to Chapter 32; and       

(b) any other matters the Commission considers relevant having regard to the issues relating to the referral.

The Commission is also required to prepare, if relevant, draft legislation based on its recommendations.

In making its recommendations the Commission is to have regard to:

  • the need to ensure Queensland’s criminal law reflects contemporary community standards;
  • existing legal principles in relation to criminal responsibility;
  • the need for Queensland’s criminal law to ensure just outcomes by balancing the interests of victims and accused persons;
  • the experiences of sexual assault victims and survivors in the criminal justice system;
  • the views and research of relevant experts;
  • recent developments, legislative reform, and research in other Australian and international jurisdictions; and
  • any other matters that the Commission considers relevant having regard to the issues relating to the referral.          

How to have your say

The Commission has released a consultation paper (WP No 78) inviting written submissions in response to the questions raised in the paper.

Details on how to make a submission, and the Commission’s privacy and confidentiality statement, are set out at the front of the paper (WP No 78), which is also available from the Commission’s ‘Current reviews’ webpage:

The closing date for submissions is 31 January 2020.

 

Comment now

Open

Submit your response now. Closes 31 January 2020, 11.59pm.

Contact details

Last updated
 23 December 2019

Page feedback

  1. How satisfied are you with your experience today? *