Sexual Offence Expert Evidence Panel

In February 2025, Queensland Courts launched the Sexual Offence Expert Evidence Panel as a two-year pilot in Brisbane and Townsville.

The Panel provides free expert evidence in relevant sexual offence cases.

This service is available to the prosecution, defence (including self-represented defendants) and, in some cases, the court.

Parties outside Brisbane and Townsville can hire experts at their own expense.

What the Panel does

The Panel provides expert evidence in relevant sexual offence cases, including:

  • assessments
  • writing reports
  • giving expert testimony.

The Panel has two streams of expertise:

Stream 1: Cognitive and mental health impairment

Stream 1 experts focus on offences under Chapter 32 of the Criminal Code, such as rape and sexual assault.

They assess cases where a defendant’s cognitive or mental health impairment may have impacted their ability to meet Queensland’s affirmative consent laws.

These laws require defendants to show they actively confirmed consent but include safeguards to ensure fairness for those with cognitive and mental health impairments.

Stream 1 experts determine if the defendant suffered from an impairment which impacted on their ability to affirm consent.

Their evidence helps the court understand how the impairment influenced the defendant’s actions.

Stream 1 began on 3 February 2025.

Stream 2: Counterintuitive evidence

Stream 2 experts focus on offences under Chapters 32 and 22 of the Criminal Code, including rape, indecent treatment of children and distributing intimate images.

Experts provide general informative evidence to help courts understand complainant behaviours that may seem unusual or contradict common assumptions.

For example, they explain how social, psychological, and cultural factors may affect the behaviours of a complainant, like delayed reporting or staying in contact with the alleged offender.

The evidence of Stream 2 experts helps address biases and misconceptions in sexual offence cases.

Stream 2 evidence can be called in matters where the defendant was charged on or after 20 September 2025.

How to access a Panel expert

Parties to a proceeding, or the court for Stream 2, may refer a relevant proceeding to the Panel.

How to make a referral

Step 1: Ensure your case meets the eligibility criteria:

Stream 1

  • the matter involves a relevant offence under Chapter 32 of the Criminal Code
  • expert evidence is needed to assess whether the defendant’s cognitive or mental health impairment impacted on their ability to affirm consent, following the introduction of affirmative consent in Queensland on 23 September 2024
  • the proceeding is in the Supreme, District or Childrens Courts of Brisbane or Townsville.

Stream 2

  • the matter involves a relevant offence under Chapter 22 or 32 of the Criminal Code
  • general, educative expert counterintuitive evidence is needed about the nature of sexual offences and the social, psychological and cultural factors that may affect the behaviour of a person who has been, or alleges to be, the victim of a relevant sexual offence
  • the proceeding is before the Supreme Court, District Court or Childrens Court of Queensland in Brisbane or Townsville; or a Magistrates Court, including Childrens Court (Magistrates Court) in Brisbane, Caboolture, Cleveland, Redcliffe or Townsville
  • the defendant was charged on or after 20 September 2025.

Parties outside Brisbane and Townsville can hire experts at their own expense.

Step 2: Complete a referral form.

Complete the Stream 1 referral form (PDF, 1.6 MB) or Stream 2 referral form (PDF, 1.8 MB) depending on the type of expert evidence you are requesting.

Step 3: Submit the form

Submit the completed form one of the following ways:

  • print, scan and email to SDLCS.EEP@justice.qld.gov.au
  • print and post to:
    ATTN: EEP Team
    QEII Courts of Law Complex
    PO Box 15167
    City East QLD  4002.

What happens next

Once your referral is received:

  1. The Panel Program Team will review your referral to ensure it meets the eligibility criteria.
  2. If your referral is eligible, a suitable expert will be matched to your case based on factors such as the expert’s field of expertise, availability, and the specific needs of the case.
  3. The Panel Program Team will notify you when an expert has been appointed.

If you’re not eligible

If you’re not eligible to access the expert Panel, you’ll be notified.

Joining the Panel as an expert

Eligibility criteria

To join the Panel, applicants must:

  • have specialist skills and knowledge in assessing mental health and cognitive impairments or the impact of sexual violence
  • demonstrate specialist knowledge gained through training, study, or professional practice
  • be experienced in writing court reports and giving expert testimony
  • understand how culture, race, ethnicity, age, and disability affect individuals and communities
  • have no history of professional discipline, deregistration, or criminal convictions.

Recruitment

If you’re a professional who is interested in joining the Panel, you can apply by:

  1. Completing the application form (PDF, 216.7 KB).
  2. Submitting the completed form one of the following ways:
  • print, scan and email to SDLCS.EEP@justice.qld.gov.au
  • print and post to:
    ATTN: EEP Team
    QEII Courts of Law Complex
    PO Box 15167
    City East QLD  4002.

A team member will contact you with information on processing timeframes.

Women’s Safety and Justice Taskforce

The Panel was established in response to issues identified by the Women’s Safety and Justice Taskforce in its Hear her voice: Report Two (Report).

  • Recommendation 80 of the Report called for an expert Panel to support sexual offence proceedings. The Report highlighted biases and misconceptions about complainants’ behaviour, which the Panel aims to address.
  • Recommendation 43 included measures to fairness for defendants with cognitive or mental health impairments following the introduction of the affirmative consent laws.

Legislation

The Panel operates under two key legislative reforms in response to the Taskforce’s recommendations:

  • Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024—introduced affirmative consent laws with safeguards for defendants with cognitive or mental health impairments.
  • Criminal Justice Legislation (Sexual Violence and Other Matters) Amendment Act 2024— enables Stream 2 experts to provide counterintuitive evidence.

These laws amend the Criminal Code and Evidence Act 1977 to establish the legal framework for the Panel’s work.

Contact

For more information, help with referrals, or recruitment enquiries:

Resources