In Queensland, sexual offences are primarily set out in the Criminal Code Act 1899 (Qld) and cover a range of conduct of a sexual nature without consent or involving exploitation.

Common sexual offences include:

• Sexual assault
• Rape
• Indecent acts or exposure
• Grooming or involving a child in sexual activity
• Possession or distribution of child exploitation material

If you are facing a sexual offence allegation, it is important to seek advice from our experienced sex offence lawyers as early as possible.

Under the Criminal Code Act 1899 (Qld), consent means freely and voluntarily given agreement to engage in a sexual act.

A person does not consent if:

• they are forced, threatened, or coerced into the act
• they are unconscious, asleep, or significantly intoxicated
• they lack the capacity to understand or agree
• consent is obtained by fraud or mistake as to the nature of the act or the identity of the person

Consent can be withdrawn at any time, and continuing after consent is withdrawn may amount to an offence.

It is also important to understand that the age of consent in Queensland is 16 years old. A person under 16 cannot legally consent to sexual activity, regardless of whether they appear to agree.

Engaging in sexual activity with a person under 16 can result in serious criminal charges. Read more about the age of consent in Australia.

Penalties for sexual offences in Queensland vary depending on the specific charge, the circumstances, and the offender’s history, but they are generally severe. A conviction can result in significant terms of imprisonment as well as registration as a sex offender, which carries its own significant long-term consequences.

Key maximum penalties include:

• Rape (s.349): Life imprisonment
• Sexual assault (s.352): 10 years imprisonment, rising to 14 years in aggravated circumstances
• Unlawful carnal knowledge (s.215): 14 years imprisonment
• Maintaining a sexual relationship with a child (s.229B): 20 years imprisonment
• Grooming a child (s.218B): 5 years imprisonment
• Possession of child exploitation material (s.228D): 14 years imprisonment

The actual sentence imposed will depend on the specific facts, the offender’s history, and other circumstances.

If you are facing a sexual offence charge, it is important to seek advice from our experienced sex offence lawyers as early as possible.

Yes, a sexual offence charge may be withdrawn in some circumstances. This may occur where there is insufficient evidence, unreliable evidence, inconsistencies in the prosecution case, or legal issues affecting whether the charge can be proven.

Once a charge has been laid, the decision to withdraw it is made by police prosecutors or the prosecution, not by the complainant. The complainant’s views may be relevant, but they do not control whether the matter continues.

A defence lawyer may be able to make written submissions to the prosecution, identify weaknesses in the evidence, or negotiate for charges to be withdrawn, amended or resolved in another way.

No. Not all sexual offence cases in Queensland proceed to trial.

Some matters are resolved earlier if charges are withdrawn, while others may resolve through an early guilty plea without a trial. A trial is only required where the matter is contested and a not guilty plea is entered.

The way a case proceeds depends on the evidence and how the matter is handled. An experienced criminal defence lawyer can advise on the likely process and outcomes in your situation.

In Queensland, some sexual offence convictions can result in reporting obligations under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (Qld). This is commonly referred to as being placed on the “sex offender register”, although the legal term is the Child Protection Register. These obligations most commonly apply to prescribed sexual offences involving children.

Registration is not usually a separate penalty imposed by the court. It is a legal consequence that may follow from conviction for certain offences. Registered offenders are required to report personal information to police (including their name, address, employment, and travel plans) and must notify police of any changes to that information within a set timeframe.

Breaching reporting obligations is itself a criminal offence and can result in further charges and penalties. If you are facing a sexual offence charge, it is important to understand the full consequences of a conviction before entering any plea.

If you are facing a sexual offence charge or investigation, do not wait to get legal advice. Our experienced sexual offence lawyers can explain the process, protect your rights, and help you understand your options from the outset.