Justice Atkinson said she didn't support abolishing the mistake of fact defence, but it could be changed to"a test of the reasonable person rather than what's reasonable for that person [the accused rapist]".
"When I was a law student, a man could not be held criminally responsible for raping his wife... whether there was domestic violence, whether the parties were separated," she said. "The question on appeal was, was her distress after that caused because she felt guilty about having had sex with so many men, or because she'd been raped? She was in hospital for several weeks," she said.
Source: Law Daily Report (lawdailyreport.net)
Changing the law to be based on reality not myths made up by men? What is this sorcery ?
'mistake of fact' applies to all criminal law not just rape
Really⁉️ This doesn't sound so much a 'loophole' as an open door, considering how it seems to have been used. qldpol
. Ummm what is the 'myth'? You're reporting a qld legal defence that has a different standard of consent awareness. But the headline pretends the issue is something different. ABC editor clickbait... .
Absolutely vile and disgusting way to try to avoid responsibility and basic humanity. Should be abolished.
I recall a similiar defence being used by the nephew of a Sydney club owner in NSW who walked free without being found not guilty.
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