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Rape and Sexual Assaults QLD

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Rape

Section 349 of the Criminal Code (Qld) provides that any person who rapes another person is guilty of a crime.

The maximum penalty is life imprisonment.

The law says that a person rapes another person if—

  • the person has carnal knowledge with or of the other person without the other person’s consent; or
  • the person penetrates the vulva, vagina or anus of the other person to any extent with a thing or a part of the person’s body that is not a penis without the other person’s consent; or
  • the person penetrates the mouth of the other person to any extent with the person’s penis without the other person’s consent.

For this section, a child under the age of 12 years is incapable of giving consent.

Sexual Assault

Section 352 of the Criminal Code, Queensland defines sexual assault as any person who unlawfully and indecently assaults another person; or procures another person, without the person’s consent to commit an act of gross indecency; or to witness an act of gross indecency by the person or any other person;

The maximum penalty is 10 years imprisonment.

However, the offender is liable to a maximum penalty of 14 years imprisonment if the indecent assault or act of gross indecency includes bringing into contact any part of the genitalia or the anus of a person with any part of the mouth of a person.

The offender is liable to a maximum penalty of life imprisonment if immediately before, during, or immediately after, the offence, the offender is, or pretends to be, armed with a dangerous or offensive weapon, or is in company with any other person.

Other instances where lift imprisonment may be imposed include where the indecent assault includes the person who is assaulted penetrating the offender’s vagina, vulva or anus to any extent with a thing or a part of the person’s body that is not a penis; or act of gross indecency includes the person who is procured by the offender penetrating the vagina, vulva or anus of the person who is procured or another person to any extent with a thing or a part of the body of the person who is procured that is not a penis.

Meaning of ‘consent’

Pursuant to section 348 of the Criminal Code (Qld) consent means consent freely and voluntarily given by a person with the cognitive capacity to give the consent.

A person’s consent to an act is not freely and voluntarily given if it is obtained—

  • by force; or
  • by threat or intimidation; or
  • by fear of bodily harm; or
  • by exercise of authority; or
  • by false and fraudulent representations about the nature or purpose of the act; or
  • by a mistaken belief induced by the accused person that the accused person was the person’s sexual partner.

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Maroochydore QLD 4558


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