Sex without Consent

AJ Faisal
June 6, 2022

In many sexual assault cases, particularly rape cases, the verdict often hinges on the evidence presented.

Frequently, it boils down to assessing the credibility of the parties involved. A victim’s testimony alone can sometimes suffice to establish guilt.

During pre-trial proceedings, defense efforts primarily focus on scrutinizing the evidence. However, during the trial phase, the skillful execution of cross-examination becomes paramount.

There exists a plethora of case law pertaining to rape charges. Hence, it is imperative for a defendant to seek legal representation from a lawyer who possesses the ability to think creatively and strategically. Such a lawyer should excel in cross-examination, thereby uncovering the truth and debunking falsehoods.

Possible Sentence

Once found guilty or upon pleading guilty to rape, a prison sentence is highly likely. For cases involving digital penetration (e.g., inserting a finger), the minimum actual imprisonment is 6 months. For very low-level rape offences, such as penile penetration where the accused is young, misunderstood consent, stopped as soon as they realized the other person was not consenting, and no force or violence was involved, the minimum actual prison term would typically be at least 9 months.

How Can Someone Be Found Guilty?

For a conviction, the prosecution must prove the following beyond a reasonable doubt:

Lack of Consent
- The complainant did not consent to the act.
Communication of Non-Consent
- The complainant clearly communicated that they did not consent to the act, either verbally or through their actions.
Failure to Stop
- If the above conditions are not met, the prosecution must prove that the defendant failed to stop when the complainant clearly communicated, either through words or actions, that they were no longer consenting.

Honest and Reasonable Mistaken Belief

The prosecution must also disprove beyond a reasonable doubt that the defendant held an honest and reasonable mistaken belief that the complainant was consenting. If such a belief is proven to exist, it could serve as a defense against a guilty verdict.

Criminal Code 1899 QLD

s24 Mistake of fact

(1) A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as the person believed to exist.

(2) The operation of this rule may be excluded by the express or implied provisions of the law relating to the subject.

THIS IS A BLOG POST Every case is Unique. Small difference can make huge distinction in Criminal matters. You should contact me if you need legal advice specific to your matter. Call - 07 31 033 044

About AJ Faisal

Every case is unique, I possess a distinct talent for uncovering often-overlooked facts, an open mind that allows for creative problem-solving, and a strong ability to think outside the box. I empathize with individuals facing police charges, and I consider it my duty to secure the best possible outcome for the defendant.

I am A J Faisal and I have completed my law degree at the University of Southern Queensland. I am passionate about criminal defence and I gained valuable experience by working as a Law Clerk and shadowing Mr Mackenzie for more than 3 years. Ken is an accredited criminal defence lawyer with more than 23 years of experience in practice. I am a solicitor in the State of Queensland. Retain me for your criminal matter.

These are blog posts and are not advice and please do not consider any of my blog posts as legal advice. These are merely to get basic and general ideas.

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