Rape

Rape is one of the most serious crimes under Queensland law. Rape is defined as penetration to any extent of a person’s vagina, anus or mouth without their consent.

Penalties

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.

Defences

There are various legal defences to answer a charge of rape. A commonly used defence is the ‘mistake of fact’ defence, which is outlined on our Sex offences page. Consent is also a defence.

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.

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