Sexual offence charges in Queensland

The affirmative consent model

Queensland moved to an affirmative consent model on 23 September 2024, under the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024. This is the single biggest change to sexual offence law in decades and it applies to conduct after that date.

• Consent means free and voluntary agreement, and it must be communicated by words or conduct. Silence or the absence of resistance is not consent.
• Consent to one act is not consent to another, and consent can be withdrawn at any time.
• Removing or tampering with a condom without the other person knowing, sometimes called stealthing, is expressly a circumstance in which there is no consent.
• A belief in consent is not reasonable if the person did not say or do anything to find out whether the other person consented, subject to defined exceptions relating to cognitive or mental health impairment.

The practical effect is that the section 24 mistake of fact excuse is much narrower than it was. Arguing that you assumed consent, without more, is now very unlikely to succeed.

The main offences

Rape under section 349 is not limited to penile penetration. It covers penetration of the vulva, vagina or anus by a body part or an object, and penetration of the mouth by a penis, in each case without consent.

How the process runs

These matters do not resolve quickly. Expect the following sequence, over twelve to twenty four months:

1. Police investigation, often including a pretext phone call recorded by the complainant before you know you are a suspect.
2. Charge, then a first mention in the Magistrates Court and a bail application.
3. Full disclosure of the brief, including forensic material and any recorded complainant statement.
4. A committal in the Magistrates Court. Cross examination of a complainant at committal requires leave under section 110B of the Justices Act 1886 (Qld).
5. Indictment presented in the District or Supreme Court, then trial.

If you are convicted, the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (Qld) may impose reporting obligations for years or for life depending on the offence, and the Corrective Services Act 2006 (Qld) restricts parole eligibility for serious violent and sexual offences.

What actually gets defended

Most contested sexual offence trials turn on one of three things: whether the act happened at all, whether the complainant consented, or identification. Honest and reasonable mistake of fact under section 24 remains available but is heavily constrained by the affirmative consent provisions.

The material that matters is usually electronic. Messages before and after the event, location data, ride share records, venue CCTV, and any medical examination. It goes stale quickly, so preservation is urgent.

Do not contact the complainant. It will be treated as an attempt to interfere with a witness, it will cost you bail, and it can generate an additional charge. If you have already been contacted by police and asked to attend an interview, that is the moment to get advice, not after.