Rape

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.