Rape charges in Queensland – What you need to know
/1. Introduction
Rape is one of the most serious offences under Queensland’s criminal law, carrying significant legal and social consequences. Below, we outline the key aspects of the law, potential penalties, and strategies in defending this charge.
2. What is rape?
Rape is a serious criminal offence under the Queensland Criminal Code, section 349. Rape is sexual intercourse without the consent of the other person. This includes (a) penile intercourse (b) penetration of the vulva, vagina, or anus with a thing or another part of the person’s body that is not a penis, or (c) penetratation of the mouth a penis without consent.
Consent must be freely and voluntarily given and can be withdrawn at any time. A person cannot legally consent if they are incapacitated by drugs, alcohol, fear, or force, or if they are subject to coercion or deception.
3. Recent changes to the offence of rape
In recent years, Queensland’s laws on sexual offences have been strengthened. New affirmative consent laws were introduced in 2024. Consent now requires a clear, affirmative agreement by all parties. Silence or lack of resistance does not constitute consent.
We are also seeing increased reliance on digital evidence, such as messages, emails, or social media. It is critical to retain an experienced criminal lawyer to carefully assess whether this type of evidence can be used in court.
4. Penalties for rape
Rape is a serious crime punishable by life imprisonment in Queensland. Courts consider various factors when determining sentences, including the circumstances of the offence, the impact on the victim, and any mitigating or aggravating factors.
How our experienced Brisbane criminal lawyers can help
Before deciding whether to plead guilty or not guilty, it is critical to engage an experienced criminal lawyer to review the evidence. There are many strategies to defend a rape charge including arguing against the admissibility of the evidence, the credibility of the complainant, and whether the prosecution can prove all elements of the offence, such as consent. By engaging the best criminal lawyer, there may also be prospects to negotiate the charge with the prosecutor, such as downgrading the charge or having the charge discontinued.
Rape is a serious and complex charge, and it is critical to speak to the best criminal lawyers for thorough advice.
Our lawyers have over a decade of experience with serious and complex criminal offences in Brisbane and the Sunshine Coast.
Contact our Brisbane criminal lawyers to discuss how we can help you today.
This article is for informational purposes only and does not constitute legal advice. If you are facing a legal issue, contact us to seek specific advice for your case.
