Attorney general hopes to improve sexual assault and consent laws by reforming the ‘mistake of fact’ defence

This article is more than 1 year old

This article is more than 1 year old

The Queensland government has ordered a review of the state’s sexual assault and consent laws to reform a loophole that allows accused rapists to walk free.

The state’s attorney general, Yvette D’Ath, told the ABC she would refer the “mistake of fact” defence to the Queensland Law Reform Commission for review.

The defence allows an accused rapist to beat a charge by claiming they honestly believed a sexual encounter was consensual, even when it was not.

It has been used by defendants including those who argued that a woman’s behaviour, including previous flirting or visiting a man’s home, could be taken as consent.

Queensland providing 'green light' to perpetrators of sexual violence, experts say Read more

The commission would consider evidence and expert advice before making a recommendation to the government, D’Ath said in a statement on Tuesday.

“We are taking leadership on this issue, one which is deeply personal for many Queenslanders,” she said. “Referring this issue to the Queensland Law Reform Commission gives an opportunity for all voices to be heard, and to get the law right.”

Queensland’s minster for women, Di Farmer, said the government owed it to victims of sexual assault to get it right, and hoped the review would ensure victims were supported in the best way possible.

The announcement comes after Women’s Legal Service Queensland called on the state government to overhaul sexual violence laws.

The service, which gives free legal advice and social support to domestic violence victims, wants Queensland to adopt a more thorough assessment around how consent is determined in sexual violence cases.

It also called for the mistaken belief defence to be excluded from such matters.

• If you or someone you know is impacted by sexual assault, domestic or family violence, call 1800RESPECT on 1800 737 732, or visit 1800RESPECT.org.au, or call Lifeline on 13 11 14