Rape is one of the most serious crimes under Queensland law. Contained in section 349 of the Criminal Code 1899 (Qld), rape is defined as penetration to any extent of a person’s vagina, anus or mouth without their consent.

The maximum penalty for rape is life imprisonment. Unless there are exceptional circumstances, a person convicted of rape will likely serve a sentence of imprisonment with actual custody.

Where penetration is attempted, but not actually achieved, a person may be charged with attempted rape.

There are various legal defences to answer a charge of rape. These include consent, and honest but mistaken belief as to consent. Voluntary intoxication (of alcohol or drugs) is not a defence, but may be considered as part of the overall circumstances to determine if a person’s state of belief about consent was reasonable.

If you are charged with rape, you should seek specialist legal advice and representation. Properly defending a rape charge requires experienced and specialist strategy and advocacy. Early, expert advice may make all the difference.

You can read more about consent laws in Queensland here and here.