Rape is one of the most serious charges in the Criminal Code, and the law on consent changed in 2024. Talk to Joseph Rahim in confidence before you speak to anyone about the allegation.
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Rape is an offence under section 349 of the Criminal Code Act 1899 (Qld).
The prosecution must prove a sexual act of a kind defined in section 349. The section covers several kinds of act, not only intercourse.
The prosecution must also prove the act happened without the complainant’s consent. A child under 12 cannot consent in law.
A related but different charge, sexual assault, is under section 352 and has its own page.
Pick the one closest to your situation and a chat opens with it already said. No forms, and you can call instead at any time.
Every matter is different, but most follow this order.
You may be asked to take part in an interview. You have the right to remain silent, but you must give your name and address when asked. Get advice before you say anything else.
You are charged and given a court date, sometimes on bail with conditions. Read the conditions carefully; breaching them is an offence.
Charges usually start in the Magistrates Court. For people charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street.
The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn. More serious charges can be sent to a higher court.
From 23 September 2024, Queensland uses an affirmative consent model. These rules apply only where the offence is alleged to have been wholly committed after that date.
For allegations about events before 23 September 2024, the earlier law applies. That is one reason the date of the alleged offence matters.
Rape is sent to the District Court for trial or sentence. A trial is before a jury of 12, and the prosecution must prove guilt beyond reasonable doubt.
Since 23 September 2024 judges can give juries directions about common misconceptions in sexual offence trials. These apply to trials from that date, whenever the offence is said to have happened.
Not by text, social media or through someone else. If they contact you, do not reply. Contact can breach bail and lead to arrest.
You must give your name and address when asked. Get advice before you say anything else, including in a phone call from police asking you to come in.
Being charged with a disqualifying or serious offence suspends a blue card straight away. You must stop child-related work.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.
Only if the offence is alleged to have been wholly committed after 23 September 2024. Earlier conduct is dealt with under the law that applied before.
It usually starts in the Magistrates Court and is then sent to the District Court for trial or sentence.
They are separate offences with different elements. Rape is under section 349 and sexual assault under section 352 of the Criminal Code.
No. Do not contact them directly, online or through anyone else. It can breach bail and lead to arrest.
Yes. It is free, confidential and comes with no obligation.
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The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.
0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
