Professor Jonathan Crowe

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Media

Kellie Scott, ‘Active Consent Doesn’t Sound Sexy, but It Can Lead to More Pleasure’ABC Life (Australia) (28 October 2019)
Georgie Dent, ‘Getting Away with Rape: In New South Wales and Queensland, an Archaic Legal Loophole is Enabling Men to Get Away with Sickening Crimes’, Marie Claire Australia (October 2019) 47-52
Nicole Precel and Eleanor Marsh, ‘Sexual Consent: Why “No” is Not Enough in Some States’The Sydney Morning Herald (11 September 2019)Leanne Edmistone, ‘Battered by Twin Traumas: When Rape Victims Say the Anguish They Suffer from the Legal System is Almost as Bad as the Crime Itself, Something Needs to be Done’QWeekend Magazine, The Courier-Mail (13 July 2019) 12-14
Neha Kale, ‘“I Didn’t Know Where to Go”: The Reality Facing Female International Students After Abuse’SBS News (Australia) (12 July 2019)
Natalie Wolfe, ‘Gold Coast Mum’s Rape Case Dropped by Police After Man Uses Mistake of Fact Defence’News.com.au (12 July 2019)
Madeline Hislop, ‘Archaic Rape Defence “Loophole” to Come Under Review in Queensland’Women’s Agenda (10 July 2019)
Natalie Wolfe, ‘The Few Seconds and Hair Touch that Let a Rapist Go Free’News.com.au (10 July 2019)
Sam George-Allen, ‘Queensland is Moving to Close a Wildly Outdated Legal Loophole that Protects Rapists’Pedestrian (10 July 2019)
Josh Robertson, ‘Queensland Will Abolish Rape Defence “Loophole” if Law Reform Experts Recommend It’ABC News (Australia) (9 July 2019)
Alexandria Utting and Sarah Vogler, ‘“Rapists Walk Free”: LNP Pushes for Reform of “Archaic” Sexual Assault Laws’, The Courier-Mail (6 July 2019) 6
‘Editorial: Time to Right Wrongs on Archaic Rape Defence’, The Courier-Mail (6 July 2019) 54
Felicity Robinson, ‘She Didn’t Consent. He Misunderstood. Is it Rape?’Primer (30 June 2019)
Grace Ormsby, ‘Criminal Justice System Struggling with Sexual Assault’Lawyers Weekly (18 June 2019)
Lydia Lynch, ‘“It is Horrific”: The Queensland Law Allowing Rapists Off Scot-Free’Brisbane Times (12 June 2019)
Mistake of Fact Defence in Queensland Rape Law’, Mornings with Annie Gaffney, ABC Radio Sunshine Coast (Australia) (10 June 2019)
Lea Emery, ‘Cop Shops Need Rape Squad: Lee’, Gold Coast Bulletin (8 June 2019) 18
‘Mistake of Fact Defence in Queensland Rape Law’, ABC Radio North West Queensland (Australia) (8 June 2019)
Natasha Bita, ‘Fight to Fix Loophole in Rape Law’, The Courier-Mail (6 June 2019) 9
‘Fight to Fix Rape Law’, Gold Coast Bulletin (6 June 2019) 6
Natasha Bita, ‘Sex Assault Survivor Slams State Government Over Rape Defence Review’The Courier-Mail (5 June 2019)
‘A Mistake of Fact’7am Podcast (Australia) (5 June 2019)
Gina Rushton, ‘This Sex Worker Who Was Sexually Assaulted Didn’t Think She Would Be Believed. Now Her Client Is Going to Jail’BuzzFeed News (30 May 2019)
Stephen Stockwell, ‘The Legal Loophole that Makes it Hard to Convict Accused Rapists’Triple J Hack (29 May 2019)
‘Queensland’s Murky Laws Around Consent and Sexual Assault’Triple J Hack, Triple J (Australia) (28 May 2019) (segment starts at 9:10)
Bri Lee, ‘Time to Reform Queensland Consent Laws’The Saturday Paper (25 May 2019)
Ben Smee, ‘Campaign for Change Puts Queensland’s Rape Laws under the Spotlight’The Guardian (24 May 2019)
Hayley Gleeson, ‘Mistake of Fact Defence: The Legal Loophole Stopping Queensland Rape Complainants from Getting Justice’ABC News (Australia) (13 May 2019)
Nina Funnell, ‘Fourteen Reasons for Change’, The Mercury (4 May 2019) 24
‘Push to Overhaul Rape Laws to Remove Legal Loophole’, Gold Coast Bulletin (27 March 2019) 9
Josh Robertson, ‘Queensland Rape Laws “a Hangover from Old Attitudes”, a Former Judge Says’ABC News (Australia) (19 March 2019)
‘Mistake of Fact Defence in Queensland Rape Law’, ABC News Queensland, Australian Broadcasting Network (19 March 2019)
Nina Funnell, ‘Unluckiest State for Abuse Victims’The Observer (13 December 2018)
Bri Lee, ‘If You’ve Been Abused as a Child, Queensland is the Unluckiest State to Be In’The Guardian (12 December 2018)
Nina Funnell, ‘Queensland is Australia’s Worst State for Sexual Abuse Survivors to Find Justice’The Courier-Mail (12 December 2018)
Jerome Doraisamy, ‘Sexual Consent Must be “Actively Communicated”: CLC NSW’Lawyers Weekly (26 July 2018)
Gina Rushton, ‘The Anatomy of a Gang-Rape Trial: “I Felt Like I Was the Guilty One Trying to Prove my Innocence”’BuzzFeed News (3 July 2018)
Caroline Zielinski, ‘Should Lying to Get Sex be Classified as Rape?’News.com.au (3 December 2014)

Jonathan Crowe is a Co-Director of Research at Rape and Sexual Assault Research and Advocacy. He is a Professor of Law at Bond University and a regular Visiting Scholar at the University of Texas at Austin. He is the author or editor of nine books and more than ninety book chapters and journal articles. He is a former President of both the Australasian Society of Legal Philosophy and the Australian Dispute Resolution Research Network.  Professor Crowe has been researching Australian rape law for more than 15 years and has authored a series of peer reviewed articles, reports and law reform submissions on this topic, as well as commenting regularly in the media. He is currently involved in a public advocacy campaign with author and activist Bri Lee to reform the mistake of fact excuse in Queensland rape law. Further information on the campaign can be found at consentlawqld.com.

Contact email: jcrowe@bond.edu.au

Selected Publications 

Jonathan Crowe and Bri Lee, ‘The Mistake of Fact Excuse in Queensland Rape Law: Some Problems and a Proposal for Reform’ (2020) 39 University of Queensland Law Journal (forthcoming)
Jonathan Crowe, ‘Evidence Proves It’s Time for Change’ (2019) 39(8) Proctor 32
Jonathan Crowe and Lara Sveinsson, ‘Intimidation, Consent and the Role of Holistic Judgments in Australian Rape Law’ (2017) 42 University of Western Australia Law Review 136
Jonathan Crowe, ‘Fraud and Consent in Australian Rape Law’ (2014) 38 Criminal Law Journal 236
Jonathan Crowe, ‘Consent, Power and Mistake of Fact in Queensland Rape Law’ (2011) 23(1) Bond Law Review 21

Reports and Submissions

Rachael Burgin and Jonathan Crowe, ‘Draft Proposals on Consent in Relation to Sexual Offences’Submission to the New South Wales Law Reform Commission (17 November 2019)
Jonathan Crowe and Bri Lee, ‘Mistake of Fact Excuse in Queensland Rape and Sexual Assault Law’, Submission to the Queensland Law Reform Commission (9 August 2019)
Jonathan Crowe, Asher Flynn and Bri Lee, ‘Definitions of Consent and Rape in the Queensland Criminal Code’, Submission to the Queensland Law Reform Commission (9 August 2019)
Jonathan Crowe and Bri Lee, ‘The Mistake of Fact Defence in Queensland Rape Law: Some Problems and a Proposal for Reform’, Submission to the Queensland Department of Justice and Attorney-General (22 March 2019)
Jonathan Crowe, ‘Application of the Mistake of Fact Defence to the Offence of Rape in Queensland’, Submission to the Queensland Law Reform Commission (14 October 2014)
Jonathan Crowe, ‘Application of the Mistake of Fact Defence to the Offence of Rape in Queensland’, Submission to the Queensland Department of Justice and Attorney-General (16 August 2011)