Facing charges of rape or sexual assault in Qld?
Not all criminal defence is created equal.
When your job, reputation, future, or family is at risk, early advice from our leading Brisbane rape lawyers is critical.
Early steps can affect the outcome.
or
Recent ‘Not Guilty’ Results for Rape Charges
-
LF was charged with four counts of rape and three counts of sexual assault. He was a young man whose future career with the Australian Government would have been seriously affected by any conviction.
Our client instructed that the acts were consensual. At trial, significant inconsistencies were exposed in the complainant’s account.
Our strategy involved detailed preparation and focused cross-examination of the complainant’s credibility.
LF was found Not Guilty of all charges in the Brisbane District Court.
-
ZZ was charged with 3 counts of rape, sexual assault, suffocation, and deprivation of liberty.
Consent was the main issue. The case was listed for trial. After lengthy negotiations, the prosecutor agreed to drop all charges of rape and sexual assault.
ZZ pleaded guilty to the remaining charges and avoided a term of imprisonment.
-
BK was contacted by police after a woman he had met alleged rape. He sought our advice at an early stage, which allowed us to secure crucial evidence, including text messages, that demonstrated consent.
Our lawyers communicated directly with police on BK’s behalf throughout the investigation.
As a result, police decided not to lay any charges against him.
-
Police investigation involving historical rape and indecent treatment allegations of a child.
Our criminal lawyers represented DN in communications with the police during the investigation.
Following this, the investigation was closed without charges.
What our clients have said
“Dave is a legend. His calm and honest appraisal of my situation provided me with real facts about my case. I would not hesitate in recommending Ashworth lawyers to anyone who needs the best legal team”
“If you are reading this review, you might be in my position. No idea of police and prosecutor tactics. No idea of what to do. The Team guided me through all the hoops and drama of court with an amazing barrister, truly incredible to watch in action. To get the best result ever. Not guilty, case dismissed”
“What an amazing result! Thank you very much, David, Paris, and the barrister. Now my new life begins”
“I cannot speak highly enough of Ashworth lawyers. They are extremely professional to deal with. I cannot fault the service they provided. David was calm, efficient, professional and empathetic throughout the difficult process. It all coalesced to produce a successful outcome”
How do I defend a rape charge in Qld?
Rape and sexual assault are among the most serious offences in Queensland. A conviction can carry severe penalties, including lengthy terms of imprisonment and mandatory reporting on the sex offender register.
These cases often involve complex evidence such as witness statements, forensic material, digital records, and sometimes complaints made years after the alleged event.
Every case is different. A careful examination of the brief of evidence and a clear defence strategy are critical to achieving the best possible outcome.
Our Brisbane criminal defence lawyers have extensive experience in defending rape and sexual assault cases in courts across Queensland.
What should I do if I have been charged with rape in Qld?
If you are facing serious charges, urgent steps are critical. This includes:
Preserve any text messages, emails, or social media records
Record the names and contact details of possible witnesses
Provide all material to your lawyer immediately
Avoid contacting the complainant or other witnesses, as this could harm your case or even result in further charges
Choosing the best criminal lawyer for a rape charge in Brisbane?
Our criminal lawyers appear in all Queensland courts and provides:
Strategic advice to the facts of your case
Detailed analysis of the brief of evidence
Identification of weaknesses in the prosecution’s case
Access to forensic experts, barristers, and investigators where required
Development of the best arguments to successfully defend or negotiate your case
When choosing the best rape lawyer in Brisbane, our team are available now for strategic advice about your case.
Facing serious charges in Qld?
Fill in a Quick Enquiry form to receive a link to our free guide, 16 Things You Need to Do Now if Charged with a Criminal Offence.
The early steps can affect the outcome. All discussions are confidential.
FAQ - Keypoints rape charges in Qld
-
Under section 349 Criminal Code 1899 (Qld), a person commits rape if sexual penetration occurs without consent. This includes:
Penile intercourse without consent
Penetration of the vulva, vagina, or anus with any part of the body or an object without consent
Oral penetration of a person’s mouth with a penis without consent
Therefore, rape covers a range of non-consensual penetration, and not just penile intercourse.
-
No. Rape requires that sexual intercourse occurred without consent.
In most of our cases, consent is one of the main issues because the complainant is denying that they consented.
Strategies to defend a case in this situation include a detailed examination of the circumstances, such as:
Is there a reason why the complainant is now saying there was no consent? For example, did the complainant regret having sexual intercourse the next day? Did the complainant’s partner later find out?
The actions after the intercourse? For example, were there friendly messages the following days? Were there still social outings or other friendly meetings after the alleged rape?
Does the complainant have credibility issues? For example, have they made similar complaints against other persons? Do they have a history of mental health concerns?
-
Consent must be free and voluntary, and a person can withdraw consent at any time.
Since 23 September 2024, Queensland law has adopted the principle of affirmative consent.
This means that each person must actively communicate by words or actions that they agree to the sexual activity.
Silence, lack of resistance, or failing to say ‘no’ is not consent. It must be actively communicated.
Key points about affirmative consent:
Consent can be withdrawn at any time
Consent to one act does not mean consent to another
Consent at a different time or place does not carry over
-
Maximum penalty – life imprisonment
Other outcomes – in some cases, sentences may include parole, wholly suspended sentences, or lesser penalties if the charge is reduced to sexual assault
A conviction almost always results in a recorded criminal history and can severely affect employment, travel, and reputation.
Early legal advice can make the difference between being found guilty or not guilty.
-
A pre-text call is an evidence-gathering technique used by the police.
This involves the complainant calling you with an aim to extract an admission.
The call is secretly recorded by the police and can be used as evidence in court.
Therefore, it is important to seek advice early, even if you have not been charged. If you suspect that a complaint has or will be made, it is critical to call a rape lawyer for urgent advice to avoid saying or doing anything which may harm your case.
-
Rape complaints can often be made months or even years after the alleged incident. There is no time limit on when police can bring these charges.
Strategies to defend rape charges include:
Demonstrating the prosecution cannot prove sexual intercourse occurred
Demonstrating the prosecution cannot prove lack of consent
Challenging credibility or reliability of complainant evidence
Highlighting delays, inconsistencies, or loss of evidence in historical allegations
Negotiating with the prosecution to reduce or discontinue charges
Our Brisbane rape lawyers have secured acquittals in jury trials and have successfully negotiated charge reductions and discontinuances in a range of rape and sexual assault cases.
Updated: September 2025. Reviewed by Amy Soong | Legal Practice Director.