The Mistake of Fact Excuse in Queensland Rape Law: Some Problems and Proposals for Reform

Dublin Core

Title

The Mistake of Fact Excuse in Queensland Rape Law: Some Problems and Proposals for Reform

Description

This article considers the role of the excuse of mistake of fact in Queensland rape and sexual assault law. We argue that the excuse has undesirable and socially regressive consequences by allowing reference to factors such as the complainant’s social behaviour, relationship to the defendant or lack of overt resistance that are at odds with the definition of free and voluntary consent. The excuse has also led to problematic results in cases involving impaired capacity (such as intoxication, mental incapacity or linguistic incapacity) by the defendant or the complainant. We canvass two potential reforms aimed at addressing these issues. The first would render the excuse inapplicable to the issue of consent in rape and sexual assault cases, while the second would limit the excuse to address its most troubling outcomes.

Creator

Crowe, Jonathan
Lee, Bri

Source

The University of Queensland Law Journal; Vol. 39 No. 1 (2020): The University of Queensland Law Journal; 1-32
1839-289X
0083-4041
10.38127/uqlj.v39i1

Publisher

The University of Queensland School of Law

Date

2020-05-10

Rights

Copyright (c) 2020 The University of Queensland Law Journal

Relation

Format

application/pdf

Language

eng

Type

info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article

Identifier

Citation

Jonathan Crowe and Bri Lee, The Mistake of Fact Excuse in Queensland Rape Law: Some Problems and Proposals for Reform, The University of Queensland School of Law, 2020, accessed November 23, 2024, https://igi.indrastra.com/items/show/2628

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