SEXUAL OFFENCES
Rape charges
If you or someone you know has been charged with rape, we understand the emotional and financial pressures you are encountering or are likely to encounter. We can assist with both the management of your case and working towards the most favourable outcome available for your matter.
01 / PENALTIES
Penalties
A person who is found guilty of, or pleads guilty to, rape of another person is guilty of a crime, and the maximum penalty is life imprisonment. An attempt to commit rape has a maximum penalty of 14 years imprisonment. Section 349(2) of the Criminal Code Act 1899 provides that a person rapes another person if:
- the person engages in penile intercourse with the other person without the other person's consent;
- 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.
Source: Criminal Code (Qld), ss 349 and 350 (current as at 29 October 2026). Penalties and the law change from time to time, so please get advice about your own matter before relying on these figures.
When assessing what the penalty may be, it is important to consult with a criminal lawyer. There is case law which may guide the appropriate range of actual imprisonment. While the maximum penalty is an important consideration in any matter, it is only the starting point. Our role will also be to assess whether your charge can be negotiated and/or defended.
02 / CONSENT
Penetration and consent
There are a number of crucial considerations when assessing a rape case, including whether penetration has occurred and whether or not it was consensual.
Under section 348 of the Criminal Code Act 1899, consent means free and voluntary agreement. A person may withdraw consent to an act at any time, and a person who does not offer physical or verbal resistance to an act is not, by reason only of that fact, to be taken to consent to it.
Section 348AA sets out circumstances in which a person does not consent to an act. These include, among others, where the person does not say or do anything to communicate consent; does not have the cognitive capacity to consent; is so affected by alcohol or another drug as to be incapable of consenting; is unconscious or asleep; participates because of force, harm or fear of harm, or because of coercion, blackmail or intimidation; participates because of the abuse of a relationship of authority, trust or dependence; participates because of a false or fraudulent representation about the nature or purpose of the act; or is mistaken about the identity of the other person. The list is not exhaustive, and the law in this area has changed in recent years, so advice should be sought about the law that applies to your matter.
Source: Criminal Code (Qld), ss 348 and 348AA (current as at 29 October 2026).
04 / COMPLIMENTARY CASE ASSESSMENT
Complimentary case assessment
If you or someone you know would like to discuss whether there is a defence available, or to arrange a complimentary case assessment, contact Aegis Law Group on (07) 3709 7610.
(07) 3709 7610 BRISBANE OFFICE33 Queen Street, Brisbane
