*Age Of Consent & Legal Sexual Activity for the State of
11th July 2003 Email to
the Sandra McLean of the Courier Mail
(for their “Perspectives” page), with a 700 word edited version of my 6th July 2003 submission which had pointed out the inequities
of Queensland’s Sodomy Law and how its continued existence adversely affects
youth. The aim of the article is to inform the reader accurately
about age of consent and legal sexual activity in our state and to call
publicly for the Beattie Government to eliminate the discriminatory sections
208 and 209 of the Criminal Code.
To: Sandra
McLean at the Courier Mail
From: John
Frame
Ph 3350 1562 / 0409 501 561
Date:
Re: proposed article for the Perspectives page
Topic: How
Dear Sandra,
Thanks for the email yesterday saying the article still may get printed
next week.
Here is a suitable edited 700 word version of the same article that a
good friend has re-arranged for me. I believe makes all the relevant
points in the best possible use of the space. Hopefully this will be much more
useful for you.
With very best regards,
John.
How
700 word edit of original submission:
Most individuals, educators
and community youth service providers know that the age of consent for
"heterosexual" sex is 16, but most also wrongly believe that all
male-to-male sex is illegal under the age of 18.
When I started correspondence
with the Premier and Attorney General on this issue in early 2000, I found that
major internet sources on age of consent information were misinterpreting our
law. Government funded youth support sites also stored wrong information at
that time and none of the youth service providers that I contacted knew the
correct interpretation of the law. I suggested to the Premier and Attorney
General that the Government must either start providing the public with full
and correct information or, preferably, they should remove the Sodomy Law -
just as the United States Supreme Court has done.
Because most of the
community believe that the potential sexual activities of 16 and 17 year old
gay or bisexual youth would be illegal anyway, these youth simply don't receive
the care and support they should be able to expect from their school
counsellor; they don't get effective inclusion in sex education or
relationships education; and they are not effectively targeted by safe sex
information - which may be vital to their health.
Perhaps most
tragically of all, these youth miss out on the chance to be supported and
accepted by their family, friends and peers as being good, honest, loving and
valuable individuals who have much to contribute to our society. They also run
a much higher risk of suicide.
Our Sodomy Law was
initially proposed by the Goss Labor Government as part of the 1990 Act in
which Parliament "decriminalised" consenting sex between men.
At that time the offence referred to was "unlawful anal intercourse"
involving any person "not an adult" under Criminal Law - which is 17
years of age.
In 1995 the Goss Government
enacted a new Criminal Code that contained no discriminatory age for any
consenting sexual activity, however before that Code could be "proclaimed"
(which would have been in June '96), the Borbidge Coalition had gained power
(following the '96 Mundingburra bi-election) and they repealed the '95 Code.
In December '96 the Coalition revised the 1899 Criminal Code, raising the
minimum age of the Sodomy Law to 18, doubling the penalties involved and
changing the terminology of the offence to the undefined term
"sodomy".
Laws which discriminate in
regard to private consenting sexual activity are commonly called "Sodomy
Laws". On
Even our
The only way that gay and
bisexual youth can be expected to have the self esteem and confidence to truly
care for their own health and well-being, is for Queensland Law to acknowledge
that they are equal to their heterosexual peers. In a "Catch 22"
situation, the unofficial word from the Attorney General is that he won't act
to reform the Sodomy Law unless youth themselves demand that it be changed.
That's a big ask from the very group disempowered and oppressed by that
legislation.
I believe that the Beattie
Government should act immediately. Mr. Beattie was, after all, the Chairman of
the 1990 Committee on Homosexual Law Reform which considered testimony from
expert witnesses and over 2,000 submissions. His Report to Parliament contained
the clear recommendation that there be no higher age for any sexual activity. I
believe his Government will be praised for their political will and
right-mindedness in finally making this so.