Review of consent in rape and sexual assault

On 9 July 2019, former Attorney-General and Minister for Justice Yvette D'Ath, and former Minister for Child Safety, Youth and Women and Minister for the Prevention of Domestic and Family Violence Di Farmer announced they would refer the matter of consent in rape and sexual assault cases to the Queensland Law Reform Commission (QLRC). 

The QLRC reported its findings to Government on 30 June 2020 and made five key recommendations in its Review of consent laws and the excuse of mistake of fact report. You can view the full report on the QLRC's website.

On 13 August 2020, the former Attorney-General and Minister for Justice introduced the Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Bill 2020 (the Bill) and referred it to the Legal Affairs and Community Safety Committee for detailed consideration. The Bill amends the Criminal Code to implement the recommendations of the QLRC. The Bill lapsed on 6 October 2020 following the end of the last term of government and dissolution of parliament prior to the Queensland State election.

The Bill was reintroduced on 26 November 2020 by the Hon Shannon Fentiman MP, Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family and is in the same form as the bill of the same name that was introduced on 13 August 2020. The Bill was referred to the Legal Affairs and Safety Committee (the committee) for detailed consideration with the committee due to table its report on 12 February 2021.

The committee is inviting written submissions on the Bill from interested stakeholders and members of the public by 12.00 noon on Tuesday 12 January 2021.

Find out more information about The Bill and supporting information, including information about making a submission to the committee.