Renewed Calls for ‘Castle Law’ in Australia: You Break In, You Forfeit Your Rights

Katter’s Australian Party (KAP) Deputy Leader and Hinchinbrook MP Nick Dametto is calling for urgent legislative reform to strengthen self-defence rights for Queensland homeowners, following a violent home invasion and sexual assault in Cairns earlier this year.

Dametto is championing what has been dubbed the “Castle Law,” a proposed legal framework that would allow residents to defend themselves and their property without fear of prosecution. The proposed law asserts that intruders forfeit their legal protections once they unlawfully enter someone’s home.

“People should have the right to defend themselves, their families, and their properties without fearing legal consequences,” Dametto said in a statement. “Castle Law would make it crystal clear – if you break into someone’s home, you forfeit your rights.”

The renewed calls come in response to an incident in February, where a woman was allegedly sexually assaulted during a break-in by multiple young offenders. The case has intensified public concern over what many view as a growing crime wave across the state.

“During the night, a woman was allegedly subjected to one of the most terrifying and violating crimes imaginable, in her own home, by a pack of young criminals who think they can act with impunity,” Mr Dametto said in a statement at the time.

“This is outrageous, predatory offending allegedly committed by youth criminals inside someone’s own home, a place that should be a safe haven. This is exactly why we need Castle Law in Queensland.”

Dametto criticised current laws as inadequate, particularly highlighting gaps in the state’s “adult crime-adult time” policy, which he says fails to include rape among offences eligible for tougher sentencing. He also called for “bush sentencing” for youth offenders, arguing that removing young criminals from city environments could help curb reoffending.

“Queensland is in a crime crisis that is only getting worse,” Dametto added. “We all deserve the right to feel safe in our homes and have the legal protection of Castle Law to defend ourselves if needed.”

Earlier this month, Dametto sponsored a bill to introduce Castle Law in Queensland. An accompanying e-petition has already garnered close to 40,000 signatures.

The petition, addressed to the Speaker and Members of the Queensland Legislative Assembly, claims that the current laws leave homeowners vulnerable to legal action if they use force during a home invasion. It argues that existing statutes requiring “reasonable force” are too ambiguous and subject to interpretation, potentially putting victims at risk of criminal charges.

The petition, which urges the House to do everything in its power to legislate Castle Law in Queensland, states:

Queenslanders do not feel safe in their own homes knowing that offenders have more rights than occupants. Every Queenslander deserves the right to protect themselves, their loved ones, and their property. Currently, in Queensland if a person chooses to defend themselves or others during a home invasion they may only use force that is reasonably necessary in all of the circumstances. What is reasonable in all of the circumstances is open to a broad interpretation. Homeowners who carry out self-defence may end up facing criminal charges such as assault, or in extreme cases, murder.

The current self-defence laws are inadequate and force victims to second-guess their actions when faced with a split-second, life-threatening situation. Good laws should be in place to protect good people. Introducing Castle Law in Queensland would give victims the right to use whatever force necessary to protect themselves, others within the premises and their property if faced with an intruder(s). Castle Law (or the Castle Doctrine) is a principle grounded in the fundamental right to self-defence. A Queenslander’s home is their castle.

This marks the second public petition on the issue, reflecting what supporters say is growing public demand for legal reform to protect homeowners.

You can sign and read the petition here.