Sentencing sexual violence
Content warning
This content has information about sexual violence offences that readers may find distressing. If this raises any issues for you and you need to talk to someone, help is available.
What we reviewed
In 2023, the then Attorney-General asked us to review how sexual assault and rape offences are sentenced in Queensland and if there is a need for any changes to be made.
Our report looks at different sentencing issues and what the community thinks about these offences, the types of sentences given and how long they are, the guidelines that help courts decide what sentence to give, and the court processes involved. It also looks at the needs of victim survivors and their involvement in the sentencing process, including through the giving of a victim impact statement.
We made 28 recommendations to the Attorney-General to improve sentencing for sexual assault and rape in Queensland.
Final report
- Full Report
- Community Summary
- Executive Summary
- Part A: Context of the review and Council approach
- Part B: Offence seriousness and adequacy of outcomes
- Part C: Sentencing principles, guidance, and processes
- Part D: Sentencing options and processes
- Part E: Other considerations and enhancing the evidence base
- Part F: Reference list
- Appendices
Additional Information
Submissions listed as ‘not published’ have been withheld from publication for privacy or legal reasons.
- Name withheld
- Not published
- Queensland Health
- Rita Lok
- Not published
- Stewart W Boyd
- Chris Ishoney
- Not published
- Not published
- Confidential
- Not published
- QUT – School of Justice
- Justice Reform Initiative
- Your Reference Ain’t Relevant
- Fighters Against Child Abuse Australia (FACAA)
- Uniting Church in Australia, Queensland Synod
- Queensland Network of Alcohol and Other Drug Agencies Ltd (QNADA)
- Rape and Sexual Assault Research and Advocacy (RASARA)
- Basic Rights Queensland (BRQ)
- DV Connect
- Dispute Resolution Branch, DJAG
- TASC Legal and Social Justice
- Legal Aid Queensland (LAQ)
- Queensland Sexual Assault Network (QSAN); Addendum (QSAN)
- Respect Inc and Scarlet Alliance
- Office of the Interim Victims’ Commissioner (OIVC)
- Name withheld
- Aboriginal and Torres Strait Islander Legal Service
- Queensland Mental Health Commission
- Youth Advocacy Centre (YAC)
- Queensland Corrective Services (QCS)
- Sisters Inside Inc
- The Royal Australian & New Zealand College of Psychiatrists (RANZCP)
- Confidential
- C Murphy
Background information – sentencing sexual assaults and rape
Sentencing spotlight on sexual assault
Sentencing spotlight on stalking
Working Paper on the Development of the Queensland Crime Harm Index - Paper prepared at the request of the Queensland Sentencing Advisory Council by Janet Ransley and Kristina Murphy. This paper is based on an unpublished report to the Queensland Police Service by Janet Ransley, Kristina Murphy, David Bartlett, Susanne Karstedt and Harley Williamson (2018)..
Sentencing Practices for Sexual Assault and Rape Offences - Literature review prepared at the request of the Queensland Sentencing Advisory Council by Drs Lacey Schaefer, Michelle Sydes, Danielle Harris, Gemma Williams and Caitlyn Egan, Griffith Criminology Institute (2024). Any views expressed in this report are those of the authors and are not necessarily those of the Council.
Brisbane Consultation Forum - the Council held a consultation forum in Brisbane on 11 March 2024 as part of our review into the sentencing of sexual assault and rape offences. Below are video recordings of some of thepresentations by keynote speakers at that event.
- Angela Lynch AM - Queensland Sexual Assault Network Executive Officer and Chair of the National Women’s Safety Alliance Sexual Violence Working Group.
- Nadine McKillop - Associate Professor in Criminology and Justice, Co-Leader of the Sexual Violence Research and Prevention Unit at the University of the Sunshine Coast.
Consultation Paper – Background – a detailed reference document
Consultation Paper – Issues and Questions – our main consultation document which identifies 25 questions for stakeholders to respond to.
Consultation Paper – General Community Summary – information about main issues in our Consultation Paper. It includes specific questions for community members to respond to.
Community Views on Rape and Sexual Assault Sentencing: Final Report – paper prepared at the request of the Queensland Sentencing Advisory Council by Dr Dominique Moritz, Dr Ashley Pearson and Dr Dale Mitchell, Sexual Violence Research and Prevention Unit, University of the Sunshine Coast (2024). Any views expressed in this report are those of the authors and are not necessarily those of the Council.
Community Views on Rape and Sexual Assault Sentencing: Supplementary Materials – paper prepared at the request of the Queensland Sentencing Advisory Council by Dr Dominique Moritz, Dr Ashley Pearson and Dr Dale Mitchell, Sexual Violence Research and Prevention Unit, University of the Sunshine Coast (2024). Any views expressed in this report are those of the authors and are not necessarily those of the Council.