Media statement
The Queensland Sentencing Advisory Council has released two new reports on sentencing outcomes for rape and sexual assault offences over an 18-year-period (2005-2023).
Almost all adults sentenced for rape received a custodial sentence (98.7%) with the average sentence of imprisonment being 6.5 years, while almost two-thirds of adults sentenced for sexual assault were given a custodial sentence (64.6%) with the average sentence of imprisonment being 1.3 years.
The reports show the use of prison sentences for rape and sexual assault is much higher than across all offence types in Queensland (11.4%).
Rape is a serious sexual offence involving penetration of another person without the other person’s consent (agreement).
Sexual assault is any unwanted sexual behaviour, done without the person’s consent (agreement). It can include unwanted kissing and inappropriate sexual touching.
While the maximum penalty for rape is life imprisonment, sexual assault has different maximum penalties (ranging from 10 years to life imprisonment) depending on the type of conduct involved.
The majority of sexual assault cases sentenced (95.4%) involved non-aggravated sexual assault, which has a 10-year maximum penalty.
Council Chair, and former Supreme Court judge, Ann Lyons said it was important to remember that while rape and sexual assault accounted for a very small proportion of all cases sentenced in Queensland (less than 0.1%), the number of offences committed was likely to be much higher.
“We know that rape and sexual assault are significantly underreported crimes,” Ms Lyons said.
“There are many barriers to victim survivors reporting these types of offences, and even fewer end up in court and result in the person charged being convicted and sentenced. So it’s important to remember that this data reflects the number of cases being sentenced, not the rate of offending.”
Ms Lyons said the Council is currently working on a review looking at how rape and sexual assault offences are sentenced in response to Terms of Reference issued by the Attorney-General.
“As part of this review, we have been asked to look at current sentencing practices, the use of different penalty options and existing forms of sentencing guidance, as well as the approach in other jurisdictions. We will consider whether current sentencing laws are working as intended or if any reforms are needed.”
A consultation paper seeking stakeholder and community views will be released in the coming weeks. More information on this project can be found on the Council’s website: https://www.sentencingcouncil.qld.gov.au/projects/sentencing-sexual-and-domestic-violence
The two reports are the latest in the Council’s Sentencing Spotlight series (www.sentencingcouncil.qld.gov.au/statistics/type-of-offence), which present Queensland-specific data on sentencing outcomes for a variety of difference offences.
Contact: Andrew Dunne
Phone: 0459 887 077
Email: QSACmedia@sentencingcouncil.qld.gov.au