Prof. Jonathan Crowe

Jonathan Crowe is Director of Research at Rape and Sexual Assault Research and Advocacy and a Professor of Law at Bond University. He is the author or editor of ten books and more than 100 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 20 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 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.

Selected Publications

Rachael Burgin and Jonathan Crowe, ‘A Critique of the “Rough Sex Defence” in Australian Rape Law’ in Hannah Bows and Jonathan Herring (eds),‘Rough Sex’ and the Criminal Law: Global Perspectives (Emerald, 2023) (forthcoming)

Jonathan Crowe, Rachael Burgin and Holli Edwards, ‘Affirmative Consent and the Mistake of Fact Excuse in Western Australian Rape Law’ (2023) 50 University of Western Australia Law Review (forthcoming)

Rachael Burgin and Jonathan Crowe, ‘The New South Wales Law Reform Commission Draft Proposals on Consent in Sexual Offences: A Missed Opportunity?’ (2020) 32 Current Issues in Criminal Justice 346

Jonathan Crowe and Bri Lee, ‘The Mistake of Fact Excuse in Queensland Rape Law: Some Problems and Proposals for Reform’ (2020) 39 University of Queensland Law Journal 1
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

Jonathan Crowe, Rachael Burgin, Bri Lee and Saxon Mullins, ‘Mistake of Fact Excuse in Queensland Rape and Sexual Assault Law’, Submission to the Queensland Women’s Safety and Justice Taskforce (13 December 2021)

Bonnie Logan, Rachael Burgin and Jonathan Crowe, ‘Improving the Response of the Justice System to Sexual Offences’, Submission to the Victorian Law Reform Commission Review on Improving the Response of the Justice System to Sexual Offences (23 December 2020)

Jonathan Crowe, Rachael Burgin, Bri Lee and Saxon Mullins, ‘Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Bill 2020’, Submission to Queensland Parliament Legal Affairs and Community Safety Committee (28 September 2020)

Georgie Burg et al, ‘A Targeted Response to Sexual Violence’, Submission to the Australian House of Representatives Standing Committee on Social Policy and Legal Affairs Inquiry into Family, Domestic and Sexual Violence (24 July 2020)

Jonathan Crowe, Asher Flynn and Bri Lee, ‘Definitions of Consent and Rape in the Queensland Criminal Code’, Final Submission to the Queensland Law Reform Commission Review of Consent Laws and the Excuse of Mistake of Fact (25 January 2020)

Jonathan Crowe and Bri Lee, ‘Mistake of Fact Excuse in Queensland Rape and Sexual Assault Law’, Final Submission to the Queensland Law Reform Commission Review of Consent Laws and the Excuse of Mistake of Fact (20 January 2020)

Rachael Burgin and Jonathan Crowe, ‘Draft Proposals on Consent in Relation to Sexual Offences’, Submission to the New South Wales Law Reform Commission Review on Consent in Relation to Sexual Offences (17 November 2019)

Jonathan Crowe and Bri Lee, ‘Mistake of Fact Excuse in Queensland Rape and Sexual Assault Law’, Preliminary Submission to the Queensland Law Reform Commission Review of Consent Laws and the Excuse of Mistake of Fact (9 August 2019)

Jonathan Crowe, Asher Flynn and Bri Lee, ‘Definitions of Consent and Rape in the Queensland Criminal Code’, Preliminary Submission to the Queensland Law Reform Commission Review of Consent Laws and the Excuse of Mistake of Fact (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)

Media

Lydia Lynch and Sarah Petty, ‘Queensland Sexual Consent Laws in Overhaul’, The Australian (15 June 2022) 7

Lucy Cocoran, ‘Affirmative Consent is Now Law in NSW. What Does This Mean for an Already Overwhelmed System?’, Elle Australia (1 June 2022)

Jessie Tu, ‘Affirmative Consent Has Come Into Effect in NSW’, Women’s Agenda (1 June 2022)

Tessa Ogle, ‘NSW Just Passed an Affirmative Consent Bill — But the Work Doesn’t End Here’, Harper’s Bazaar (23 November 2021)

Saxon Mullins, ‘Why All Australian States Should Have Affirmative Consent Laws’, The Saturday Paper (20 November 2021)

Josh Robertson, ‘Inside One Woman’s Legal Nightmare from a Sexual Assault Case’, ABC News (Australia) (17 June 2021)

Nicole Precel and Cloe Read, ‘Commissioner Concedes Rape Investigation Language Was “Not Appropriate”’, Brisbane Times (18 May 2021)

Nicole Precel, ‘”They’ve Failed Me”: Qld Police Accused of Relying on Rape Myths’, Brisbane Times (16 May 2021)

Justine Landis-Hanley, ‘Why a Sexual Consent App Fundamentally Misunderstands the Notion of Consent’, Junkee (18 March 2021)

Naomi Neilson, ‘Historical Claims Should Not be “Barrier to Justice”, Legal Experts Warn’, Lawyers Weekly (8 March 2021)

Naomi Neilson, ‘“Does Not Go Far Enough”: Queensland A-G Responds to Consent Law Advocates’, Lawyers Weekly (13 January 2021)

Josh Robertson, ‘Victim of Alleged Gang Rape Says Senior Queensland Police Sought Her Silence Over Detective’s Failures’, ABC News (Australia) (3 February 2021)

Bri Lee, ‘The Old Guard Preventing Reform to Consent Laws’, The Saturday Paper (15 August 2020)