Keeping incest in the family
Interim status: Citation only.
Field, D. (2010). Keeping incest in the family. Queensland lawyer, 30(2), 81-87.
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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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In its recent decision in R v Rose (2009) 227 FLR 433  QCA 83227 FLR 433  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.
David Field. "Keeping incest in the family" Queensland lawyer 30.2 (2010): 81-87.
Available at: http://works.bepress.com/david_field/31