By Amy Soong, Legal Practice Director, Ashworth Lawyers | Brisbane, Queensland | Last updated: October 2026
In brief
• Queensland law does not require a complainant’s evidence to be corroborated. A jury can convict on one witness’s account if it is satisfied beyond reasonable doubt.
• For offences committed wholly after 23 September 2024, an affirmative consent model applies. Older allegations are decided under the earlier law.
• These cases are usually decided on reliability: how the complainant’s accounts compare with each other and with messages, records, and other surrounding evidence.
• Anyone told about an allegation should get legal advice before a police interview and should not contact the complainant.
A person can be convicted of rape or sexual assault in Queensland even where no one else saw what happened and no CCTV or forensic evidence is supporting the allegation. Section 632 of the Criminal Code allows a conviction on the uncorroborated evidence of one witness, and a judge is not required to warn the jury that it is unsafe to do so.
That is why these cases are often called “word-against-word.” The prosecution relies mainly on the complainant’s account, and the accused disputes it. The phrase is a little misleading, though. The absence of independent evidence does not mean the prosecution automatically succeeds, and it does not mean it automatically fails. The prosecution still has to prove every element of the offence beyond reasonable doubt, and the jury still has to decide whether the evidence is reliable enough to meet that standard.
What “Word-Against-Word” Usually Means in Practice
Most of these cases involve a charge of rape under section 349 of the Criminal Code, which carries a maximum penalty of life imprisonment, or sexual assault under section 352.
Rarely is the only evidence the two people’s accounts. There are often text messages, phone records, medical evidence, people who saw the parties before or after, and things each person said to others. The cases also split into two broad kinds:
- The accused says no sexual activity happened. Identity and whether the act occurred at all are in dispute, so forensic and location evidence can matter a great deal.
- Both agree sexual activity happened but disagree about consent. DNA adds little here. The case turns on consent and, where it is available, an honest and reasonable mistaken belief in consent.
Which kind of case it is shapes what the prosecution has to prove and which evidence the defence needs to focus on.
Which Consent Law Applies Depends on the Date
Queensland changed its consent laws through the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024. The changes commenced on 23 September 2024, according to the Queensland Government.
Under the amended section 348, consent means free and voluntary agreement, and it can be withdrawn at any time. Section 348AA lists circumstances where there is no consent, starting with a person who does not say or do anything to communicate consent. The mistake-of-fact excuse in section 24 still exists, but section 348A now says a belief in consent is not reasonable if the accused did not say or do anything to find out whether the other person was consenting, and self-induced intoxication is ignored when assessing reasonableness.
The timing point is easy to miss. The Supreme and District Courts Benchbook notes that the new consent provisions apply only where the offence is alleged to have been committed wholly after commencement. An allegation about events in 2022 is still decided under the earlier definitions, even if the trial takes place in 2026. The new jury directions are different: they apply to trials held after commencement, whatever the date of the alleged offence.
Credibility, Reliability, and What the Jury Is Told
The jury has to assess both credibility and reliability, and they are not the same thing. Credibility is whether a witness is telling the truth. Reliability is whether the account is accurate. A witness can sincerely believe their memory and still be wrong about something important, and a witness can give inconsistent accounts without lying.
Juries now also receive statutory directions under Part 6B of the Evidence Act 1977 aimed at common misconceptions. They are told, among other things, that there is no typical response to non-consensual sexual activity, that the absence of injury or violence does not by itself mean there was consent, and that the presence or absence of distress does not by itself show whether a person is telling the truth.
Those directions narrow some of the arguments that used to be made, so defence preparation now focuses less on how a complainant “should” have reacted and more on whether the account holds together against the objective material. The defence does not have to prove the complainant lied. A reasonable doubt about any essential element is enough for an acquittal.
The Evidence That Usually Surrounds the Allegation
Even without an eyewitness, police often gather a substantial brief. It commonly includes:
- Preliminary complaints: what the complainant told friends, family, or others, and when. These are admissible under section 4A of the Criminal Law (Sexual Offences) Act 1978.
- Text messages and social media: communications before and after the alleged incident.
- Phone and location records: calls, messages, and data placing people at particular times and places.
- Pretext calls: recorded conversations arranged during the investigation (explained below).
- Medical and forensic evidence: injuries, DNA, or toxicology, where relevant.
- Witnesses: observations of the parties before or after the incident.
- The accused’s own statements: police interviews and things said to other people.
Messages deserve particular care. A message that seems to acknowledge an allegation can read very differently alongside the conversation around it. Location data, photos, and timestamps can support or contradict details about when people met, where they went, and what happened afterwards. That is why the defence often needs the full device extraction rather than the screenshots chosen for the prosecution brief.
Pretext calls
In a pretext call, police arrange for the complainant to phone or message the suspect while the conversation is recorded, usually before the suspect knows a complaint has been made. Recording a conversation you are part of is generally lawful in Queensland under section 43 of the Invasion of Privacy Act 1971.
People on the receiving end of these calls often try to calm the other person down, apologise for upsetting them, or give vague answers. An apology is not necessarily an admission of a crime. What matters is the exact words, the questions they were responding to, and the circumstances. Whether the recording is admissible at all is a separate question from how much weight it deserves.
How the Defence Works Through a Word-Against-Word Case
- Pin down the charge and its elements. For rape, that means whether the act occurred, whether there was consent, and whether a mistaken belief in consent is legally available under the law that applied on the date alleged.
- Compare every account the complainant has given. A preliminary complaint, a recorded police interview, a written statement, and evidence at committal or pre-recording can each differ. The question is whether any difference affects the reliability of evidence on an issue the prosecution must prove, not whether small details vary.
- Test the account against the objective material. Messages, CCTV, location records, and witness observations can fix the sequence of events independently of either person’s memory.
- Examine the accused’s own statements. Were they voluntary? Are they admissible? Does the prosecution’s reading match what was actually said, in context?
- Consider expert evidence. Digital forensics, medical evidence, DNA interpretation, or toxicology may be needed where the prosecution relies on technical material.
- Know the limits on questioning. Evidence about a complainant’s sexual history is heavily restricted under section 4 of the Criminal Law (Sexual Offences) Act 1978 and generally needs the court’s leave, so a defence strategy has to be built on admissible ground.
- Ask whether the charge should proceed. Where the evidence on an essential element is weak, or new material changes the picture, the defence can make submissions seeking that a charge be discontinued or reduced. Those submissions have to rest on the evidence and the law.
Gaps in the Complainant’s Account, Tested at Trial
In a 2025 Brisbane District Court matter handled by Ashworth Lawyers, the client was charged with rape and sexual assault. Sexual activity was not in dispute; the defence case was that it was consensual. There was no independent witness to the events themselves.
The defence focused on the complainant’s accounts, which contained gaps and inconsistencies when compared with each other and with the surrounding material. The jury returned verdicts of not guilty on all charges. In a separate 2025 matter, early evidence supporting consent was put to police during the investigation, and no charges proceeded. Each case turns on its own evidence, and past results do not guarantee a similar outcome.
When There Is No Physical or Forensic Evidence
The absence of physical evidence does not stop a prosecution, and its significance depends on the allegation. Where both people agree intercourse occurred, DNA adds little to the question of consent. Where the accused says nothing happened, forensic evidence, or the lack of it, can matter far more. Lack of injury does not establish consent, and juries are now directed accordingly. The useful question is what the forensic material does and does not show about the actual issue in dispute.
If You Have Been Told About an Allegation
- Get advice before any police interview. In Queensland, a person suspected of an offence generally has a right to remain silent, and police must give a caution under section 431 of the Police Powers and Responsibilities Act 2000. It works differently from the US Miranda warning many people know from television, and there are limited situations where you must give details such as your name and address.
- Do not contact the complainant about the allegation, directly or through anyone else. It can create new evidence against you and may breach bail conditions or a protection order.
- Be careful with unexpected calls or messages about the allegation. They may be recorded.
- Keep everything. Do not delete messages, photos, call logs, or social media. Deleting material can be treated as interfering with evidence and can look far worse than the material itself.
- Flag material that may disappear. CCTV is often overwritten within days or weeks, and phone records and witness memories fade. Tell your lawyer early so steps can be taken to preserve it.
Common Questions
Can I be convicted if it is just their word against mine?
Yes. Corroboration is not required. But the prosecution must still prove every element beyond reasonable doubt, and the jury must be satisfied the complainant’s evidence is both honest and reliable.
Does a delay in reporting create reasonable doubt?
Not by itself. Under Part 6B of the Evidence Act, juries are told that delay does not mean an allegation is false and that there can be good reasons for it. Delay can still matter in other ways. Where it has caused a significant forensic disadvantage to the accused, for example because records or witnesses are no longer available, the judge can direct the jury about that under section 132BA of the Evidence Act, as the Benchbook explains.
Can I defend the charge if I admit sexual activity took place?
Yes. Admitting sexual activity is not admitting rape. The prosecution must still prove the absence of consent, and whether a mistake of fact about consent is available depends on the law in force when the conduct occurred.
Do I have to give evidence at trial?
No. An accused person is a competent but not compellable witness under section 8 of the Evidence Act. Whether to give evidence is a significant decision that depends on the prosecution case and the issues in dispute.
Can the complainant withdraw the allegation?
A complainant can tell police or prosecutors they no longer want to proceed, but that does not automatically end the case. The prosecution decides whether to continue. An accused person should never try to persuade a complainant to withdraw.
Getting Advice Early
Defending a word-against-word charge involves more than spotting inconsistencies. It means getting the full evidence, testing the complainant’s account against the objective material, and identifying which legal and factual issues can genuinely raise a reasonable doubt. Because consent law now depends on the date of the alleged offence, and because the early investigation is often when the most useful evidence can be preserved, speaking with a rape lawyer in Queensland before a police interview, rather than after, usually leaves more options open.
Disclaimer
This article provides general information about Queensland criminal law and is not legal advice. Reading it does not create a solicitor-client relationship. Sexual offence law in Queensland changed significantly in September 2024, and the law that applies depends on when the alleged conduct occurred. Anyone under investigation or charged should obtain advice from a Queensland criminal lawyer about their specific circumstances.
