Date of this Version

1-1-2010

Document Type

Journal Article

Publication Details

Accepted Version.

Field, D. (2010). Keeping incest in the family. Queensland Lawyer, 30(2), 81-87.

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2010 HERDC submission. FoR Code: 180100

© Copyright 2010 Thomson Reuters (Professional) Australia Limited

This article was first published by Thomson Reuters in the Queensland Lawyer and should be cited as Field, D, "Keeping incest in the family", (2010) 30 Queensland Lawyer 81

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Abstract

In its recent decision in R v Rose (2009) 227 FLR 433 [2009] QCA 83227 FLR 433 [2009] QCA 83, the Queensland Court of Appeal held that it did not constitute the crime of "incest" for a man to have consensual intercourse with the 17-year-old daughter of his former de facto because, in terms of s 222(8) of the Queensland Criminal Code , the two were "entitled to be married". The author argues that this decision has unfortunate implications, for future "victims" of such crimes, for the normally understood distinction between a "right" and a "freedom", and for the consistency of Queensland State law in this area with related laws of the Commonwealth.

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