Feedback sought on sentencing of rape and sexual assault

Media statement

The Queensland Sentencing Advisory Council is seeking community and stakeholder feedback on the sentencing of rape and sexual assault offences and potential areas for reform.

The Council was asked by the former Attorney-General to review current sentencing practices for sexual assault and rape and advise if any changes to the law are needed following the Women’s Safety and Justice Taskforce landmark Hear Her Voice - Report Two on women and girls’ experiences of the criminal justice system.

Council Chair, and retired Supreme Court judge, Ann Lyons said the Council was now seeking submissions to the review with the release of its Consultation Paper — Sentencing of Sexual Assault and Rape: The Ripple Effect.

“Rape and sexual assault are serious criminal offences which can have long lasting impacts not just for the person who directly experiences sexual violence, but also for their friends, family members and the broader community,” Ms Lyons said.

“We all have a role to play in responding and working towards reducing the ripple effect of sexual violence.”

Ms Lyons said the Consultation Paper presents information about the sentencing of sexual assault and rape in Queensland and poses 25 questions based on the Council’s preliminary research and consultation.

“We are hoping to hear from a broad range of people and organisations about how well the current approach to sentencing for sexual assault and rape is working and any areas that may be in need of reform,” she said.

“This includes victim survivors, members of the legal profession, sexual violence and domestic and family violence support services, key Aboriginal and Torres Strait islander community representatives and organisations, criminal justice agencies, academics and other community members.“

The Council also has released a Background Paper which explores in greater detail the issues touched on in the Consultation Paper. These issues include the nature and context of sexual violence offending, Queensland legislation and case law that guides sentencing, data on sentencing practices, and how people sentenced for these offences are managed in custody and in the community.

A plain English summary of the Consultation Paper for the general community has also been produced that gives shorter and easier-to-follow overviews of the key issues and targeted questions that the Council is interested in hearing from the community about.

Ms Lyons said the three publications were aimed at allowing people coming from different backgrounds with different levels of knowledge and experience of sentencing to be properly informed so the Council could hear multiple voices and get the broadest views possible.

“We want to hear from the community about what they think is working, what isn’t meeting their expectations and what could be changed to improve the sentencing process,” Ms Lyons said.

“The work of the Sentencing Council is used to directly inform the Attorney-General and the Government, so this is your opportunity to have your voices heard in a way that can make a real difference.”

The opportunity to give feedback is now open and can submitted online, emailed to the Council at submissions@sentencingcouncil.qld.gov.au, or sent by post to:

Queensland Sentencing Advisory Council
GPO Box 2360
Brisbane QLD 4001

Submissions are to be made by 10am, Monday, 22 April 2024.

The Council will deliver its final report and recommendations to the Attorney-General by 16 September 2024.

The Council is also exploring the impact of the legislated aggravating factor for domestic violence offences on sentencing practices, and whether it is affecting victims’ satisfaction with the sentencing process.

The Council’s final report on this second part of the review is due to be submitted to the Attorney-General by 30 September 2025.

The Terms of Reference outlining the matters the Council has been asked to consider is available on the Council’s website.