You Can’t Consent to Sleep Sex
There is no lawful consent given to sexual contact if the other person is asleep or unconscious in Queensland.There was a doubt, before 23 September 2024, whether consent could be given in advance - "...
Sexual Intimacy in a Domestically Violent Relationship
If you're in a relationship where there has been domestic violence at any time in the past, any physical intimacy in Queensland now comes with increased legal risk.The law changed on 23 September 2024...
When is someone too drunk (or stoned) to consent to sexual activity in Queensland?
The legal question is: Was the person incapable?[1]Not everyone who has been drinking or taking drugs is incapable.If you don’t remember, that blank memory, by itself, does not mean you were incapable...
Why Did Justice Lee Believe Brittany Higgins (On the Crucial Point)?
Many Australians made up their minds long before the Court made a decision. Their reasons may be very different to the judge’s. The most interesting part of the judge’s reasons was about, “Did she con...
Why A Person Who is Blackout Drunk is Still Capable of Making Decisions
The theme of a recent, poor ABC news article is that a person who doesn't remember must have been too drunk to give consent. Ms Hunter was quoted in the article as saying, “victim-survivors... ofte...