The public was understandably curious about the identity of a high-profile man charged with the alleged rape of a young woman in 2021 when his case first hit the headlines.
But the media – and members of the public – are strictly prohibited from naming him.
Lawyer Rowan King (left) is seen outside Toowoomba Magistrates Court.Credit: AAP
This is why.
Under Queensland’s Criminal Law (Sexual Offences) Act, a person charged with rape, attempted rape, assault with intent to commit rape and sexual assault, cannot be identified until the matter is committed to trial, or the court orders they can be identified.
This means a person charged with one of those sexual offences cannot be publicly named until a magistrate has decided there is enough evidence on which a jury could convict during a trial, and sends the case up to the District or Supreme Court.
This can happen after a committal hearing, which might look like a trial (it is not) with witnesses called to give evidence and being cross-examined.
Or lawyers might tell the magistrate they agree to send the case to a higher court without a committal hearing.
If there is not enough evidence, the magistrate will dismiss the case, and the person’s name will never be revealed.
This protection against being named is not available for people accused of other crimes, including murder.