Following the amendments to ss 347 and 348 of the Criminal Code (Qld), there is no pressing reason to adopt different levels of sentence for sodomitical rape as compared with vaginal rape. A prior consensual sexual relationship between offender and complainant is a mitigating factor in sentencing for rape. The appropriate range for three sodomitical rapes committed over 40 hours with aggravating features (knife, isolation, lack of remorse) but mitigating features (no priors, prior relationship) is seven to eight years.
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