Queensland scraps “outdated” law prohibiting the naming of accused rapists

One state has taken a major step to overhauling an “outdated” law that prohibits naming accused rapists.

Queensland will overhaul “outdated” laws banning accused rapists from being named from next month.

Legislation passed in the state’s Parliament on Wednesday will allow adults charged with rape, attempted rape and sexual assault to be named unless they successfully apply for a non-publication order.

Currently, those who are charged with sexual assault related crimes are protected from “reputational damage” until they are committed to stand trial.

Attorney-General Yvette D'Ath confirmed the news laws will be brought to parliament this week. Picture: NcaNewsWire/Glenn Campbell

The changes mean that those accused of rape or other sexual offences will be treated the same as a person accused of any other crime.

Despite the huge step forward for the new laws, which were first announced in November 2022, the changes will not come into place until the government publishes a media guide aimed to support “responsible reporting of sexual violence”.

It’s expected that the guide will be ready for the proposed start date of October 3.

In announcing the proposed law changes last year, former Attorney-General Shannon Fentiman said the bans on publishing offenders names were based on “rape myths” such as women making up allegations.

The move is one of the recommendations made by the landmark Women’s Safety and Justice Taskforce, and brings Queensland more in line with the rest of the country.

In all other states and in the ACT, accused sex offenders and alleged rapists can be identified, though there are some restrictions if identifying the person charged would identify the alleged victim.

In South Australia, media can not identify an alleged rapist until their first court appearance, and only if there is no risk of identifying the alleged victim.

However in the Northern Territory, anyone charged with rape cannot be identified until they are committed to stand trial.