What is sexual assault in Qld?

Sexual assault is a serious criminal offence in Qld, and can affect your job, travel, and reputation. Understanding how the law defines sexual assault, what the prosecution must prove, and how cases are defended is essential before speaking to police or going to court.

Our sexual assault lawyers have extensive experience in successfully defending cases of sexual violence in Qld. Early advice is critical and will affect the outcome.

What is sexual assault in Qld?

Under section 352 of the Criminal Code 1899 (Qld), a person commits sexual assault if they:

1. Assault another person unlawfully and indecently, or

2. Procure another person, without consent, to commit or witness an act of gross indecency.

This includes any unwanted sexual contact or behaviour, such as touching a person’s breasts or genital region, either over or under clothing, done without consent. These incidents may occur in private or in public places, including workplaces, public transport, or social settings.

The law recognises that consent must be freely and voluntarily given. Any absence of consent, or any situation where consent cannot legally be given, can result in a criminal charge.

What are the penalties for sexual assault?

Sexual assault is punishable by up to 10 years imprisonment under section 352 of the Criminal Code.

If aggravating factors are present, such as being in company with another person, being armed with a weapon, or conduct involving oral or digital contact with genitalia or anus, the penalties are higher.

A conviction can also result in:

• A recorded criminal conviction

• Listing on the National Police Record

• Impact on overseas travel, visa eligibility and employment screening

• Significant personal and reputational consequences

What has changed with consent laws in Qld?

Queensland’s affirmative consent laws commenced on 23 September 2024 under the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 (Qld).

The changes updated sections 348, 348AA and 348A of the Criminal Code, and introduced new jury direction provisions in the Evidence Act 1977 (Qld).

Key updates include:

• Consent must now be actively communicated through words or clear actions. Silence or lack of resistance does not mean consent.

• Each act requires separate consent and agreeing once does not imply ongoing consent.

• Circumstances where there is no consent now include being unconscious, asleep, overborne by authority or trust, or affected by alcohol or drugs to the point of incapacity.

• Stealthing is removing or tampering with a condom without consent and is specifically recognised as non-consensual.

• The defence of mistake of fact about consent is narrower. A belief in consent is not reasonable if the person did not say or do anything to check whether the other person was consenting.

These reforms are designed to align Queensland with other Australian jurisdictions that follow an affirmative consent model.

How are sexual assault cases prosecuted?

For an offence to be proven, the prosecution must establish beyond reasonable doubt that:

1. You assaulted the complainant, meaning you touched or applied force to them without consent.

2. The assault was unlawful, not authorised or excused by law.

3. The assault was indecent, that it had a sexual quality that offended community standards of decency, considering the time, place, and circumstances.

Courts will assess factors such as:

• The relationship between the parties

• The context of the interaction

• The ages of the people involved

• The nature and location of any touching

• The words, conduct, or behaviour before and after the incident

What is the legal process for sexual assault charges?

If you are charged, the usual steps are:

1. Arrest or complaint – Police will take a formal statement and may arrest you or issue a notice to appear. You should not participate in a record of interview without first obtaining legal advice.

2. Court appearances – All sexual assault charges begin in the Magistrates Court. In certain circumstances, the charge can be finalised there, but more serious or aggravated matters are transferred to the District Court for trial or sentence. Each appearance involves procedural steps, including bail, evidence disclosure, and listing the matter for further hearing.

3. Bail – Our bail lawyers may need to apply for bail to remain out of custody while your matter progresses. Conditions may include reporting, non-contact with the complainant, or surrendering your passport.

4. Disclosure and preparation – Your criminal defence lawyer will obtain the full police brief, including witness statements, electronic evidence such as phone data, CCTV footage, and any forensic or medical material. A careful review of this evidence determines whether to contest the charge, negotiate an alternative outcome, or proceed to trial.

5. Negotiation or trial – Some cases are resolved through negotiations with the prosecution or through charge reductions after disclosure is reviewed. Others proceed to trial, where the prosecution must prove the case beyond reasonable doubt and the evidence is tested before a judge and jury.

Early advice is critical. The decisions made in the first stages of a sexual assault charge can shape the entire outcome of the case. Engaging our Brisbane criminal lawyers early allows time to analyse the evidence, preserve important material, and develop a defence strategy before entering any plea or speaking to police.

How to defend sexual assault charges in Qld

Common defence considerations include:

• Consent – Whether the complainant freely and voluntarily agreed to the act.

• Honest and reasonable but mistaken belief in consent (where available under section 348A).

• Disputing the conduct – Whether any touching occurred or whether it was indecent in the circumstances.

• Motive and context – Whether the act occurred for a legitimate purpose (for example, medical or accidental contact).

• Evidentiary issues – Identifying inconsistencies in witness accounts, police procedure, or forensic evidence.

For plea matters, submissions can be made for a non-recording of conviction or a reduced penalty, depending on the person’s history and circumstances.

Our criminal defence lawyers have a proven track record of successful outcomes for rape and sexual assault charges including discontinuance, mediated charges, and not guilty verdicts.

Do I need a lawyer for sexual assault charges?

Sexual assault allegations are highly sensitive and legally complex. The combination of new consent laws, expanded jury directions, and potential imprisonment make early, speaking to an expert criminal lawyer is critical.

Our criminal defence lawyers will:

• Analyse the evidence and police brief in detail

• Identify legal or factual weaknesses in the case

• Advise on the effect of affirmative consent laws on your matter

• Prepare your defence strategy and represent you in all court proceedings

Choosing the best sexual assault lawyer in Brisbane

Our criminal defence lawyers are available for a confidential discussion about your case. No booking required.

📞 Speak to our leading Brisbane Criminal Lawyers on (07) 3012 6531 for a confidential discussion about your case. You can also request a confidential callback by filling in our Quick Enquiry form, which also includes access to our free guide 16 Things You Need to Do Now if Charged with a Criminal Offence.

The information provided is general in nature and does not constitute legal advice. Please contact our Brisbane criminal lawyers for specific advice about your case.

Last updated November 2025