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Calls to review “mistake of fact” defence

The State Opposition is demanding Queensland follow the lead of Tasmania and New South Wales and address what’s known as the “mistake of fact” defence in rape cases.

In simple terms the defence allows the accused to argue they reasonably and honestly but mistakenly believed the complainant consented to sex.

Opposition leader Deb Frecklington claims it is allowing rapists to walk free in some cases.

The Queensland Law Society supports a review by the Law Reform Commission but society president Bill Potts tells Mark it is not quite as cut and dried as some people think.

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