Last updated 2 February 2026

Special categories of complainants to sexual offences include children and persons with an impairment of mind.

For offences of rape and sexual assault, the absence of consent is a crucial element of the offence. Where the victim is a child or person with an impairment of mind, the law deems that that person is not capable of giving consent.

Offences where consent is not an element

Offences under the Criminal Code Act 1899 (Qld) (Criminal Code) where the absence of consent is not an element include:

  • indecent treatment of children of or above 12 years (punishable by 14 years imprisonment (s 210))
  • indecent treatment of children under 12 years or if the child has an impairment of the mind (punishable by 20 years imprisonment)
  • engaging in unlawful penile intercourse with a child under 16 and of or above the age of 12 (punishable by 14 years imprisonment (s 215))
  • engaging in unlawful penile intercourse with a child under 12 or if the child has an impairment of the mind (punishable by life imprisonment)
  • using electronic communication (e.g. email, internet chat rooms, SMS messages) to procure children under 16 years to engage in a sexual act, or to expose children under 16 to any indecent matter (the latter as defined in s 1) (punishable by 10 years imprisonment (s 218A)); grooming children under 16 (punishable by five years imprisonment (s 218B))
  • incest (punishable by life imprisonment (s 222))
  • repeated sexual conduct with a child under 16 (or under 18 in the case of sodomy) (punishable by life imprisonment (s 229B)).

If the child is over the age of 12, it is a defence for the accused to prove that they honestly believed on reasonable grounds that the child was of or above the age of 16 years.

For most of these offences, the offence is aggravated (more serious) and the accused is liable to a harsher penalty if the child is under 12 years of age, is a lineal descendant of the accused or is under the accused’s guardianship or care.

Similarly, circumstances of aggravation exist in relation to offences involving persons with an impairment of mind.

For those offences involving a person with an impairment of mind, it is an excuse for accused persons to prove that they honestly believed on reasonable grounds that the person did not have an impairment of mind, or that the behaviour constituting the offence did not in the circumstances constitute sexual exploitation of the person with an impairment of mind.

Repeated sexual conduct with a child

Sections 229B of the Criminal Code sets out the law regarding this offence.

This is the only sexual offence that cannot be charged by police, but is indictable by the Crown (Director of Public Prosecutions) in the District Court if the Crown considers the evidence supports this offence.

The offence is unique in that it requires evidence of more than one unlawful sexual act over a period of time. The prosecution is not required to prove each individual unlawful sexual act.

To prove the offence, it does not matter whether the offending took place over a brief period or was sustained over several years.

Repeated sexual conduct with a child is considered one of the most serious offences of a sexual nature.

The offence seriousness is reflected both in the maximum penalty of life imprisonment, and in the offence being the most common to be declared a ‘serious violent offence’.