Gympie region mother begins fight to overturn Qld law consent ‘loophole’

A Gympie region mother and rape victim was left “devastated” after a man accused of raping her own daughter was acquitted, and now she is taking affirmative action against the law that could have put the man behind bars:

A “devastated” Gympie mother of an alleged rape victim is taking affirmative action over a “loophole” in Queensland’s consent laws, after the man who was accused of raping her daughter was acquitted.

Mary*, who is a victim of rape herself, said she felt defeated and heartbroken over the verdict, but was left “mortified” after watching a video in a Gympie Times article detailing Queensland’s complicated consent laws.

Unlike other states, Queensland has a defence in case law called the ‘mistake of fact defence’ where a person accused of rape can argue they had an honest and reasonable albeit mistaken belief a person was consenting.

In other states such as Tasmania, a person accused of rape must prove they had taken steps to obtain consent by verbally asking to do certain things such as remove the other person’s clothing.

This is what Mary said she intended to rectify in Queensland.

“I just couldn’t believe that there was this case law … I was just mortified,” she said.

“Anyone (on trial) could turn around and say ‘I was drunk and I thought she said yes’, and that’s it.”

She said she had researched into several high-profile rape cases and it was time something was done about this “loophole”.

She said most women already do not report when they are raped, and even less would come forward with the mistake of fact defence.

When Mary’s daughter came forth with the allegations before it went through court, Mary said she had a “complete and utter mental breakdown”.

The four day trial which ended in the man accused of raping Mary’s daughter being acquitted by the jury took place in Gympie District Court.

“We’re being taught if you say no, and you’re clear about consent and the boys understand, that this is going to change; no it’s not, not until that law changes,” she said.

She said she wanted to bring about change by promoting awareness of sexual assault and consent, and more importantly the mistake of fact defence.

“If you do not like a law, you must campaign to your politicians to change that law,” she said.

“I will change this law or I will die trying.”

*Name changed for legal purposes.

Originally published as Gympie region mother begins fight to overturn Qld law consent ‘loophole’