*Age Of Consent & Legal Sexual Activity for the State of
16th
January 2007 Email
to Hon. Attorney-General Mr. Kerry Shine acknowledging his 22 November 2006 emailed message and urging him to accept the consideration of an
equal age of consent as being a totally separate matter to issues affecting same
sex couples. I advise that his department already posesses all the arguments
necessary in order to justify urgent enactment of an equal age of consent. I
am concerned that there would most likely be a very prolonged process of consultation
involved in identifying and justifying a range of reforms which affect same sex
couples (for example adoption, fertility clinic access etc). An equal age of
consent is a youth-specific issue, just as is the age of an adult under Criminal
Law (17 in
----- Original Message -----
From: John Frame
To: Attorney - SMTP
Sent:
Subject: Re: Attorney's Response
I refer to the Attorney-General's emailed
response which was sent to me on
The Attorney-General writes: "I
advise that at some point in the near future, I plan to meet with groups
interested in these and other same sex couple issues to discuss them
further."
I especially wish to highlight that the issue of an
equal age of consent is completely separate from issues related to same sex couples.
There is no reason why these two areas of reform ought to be combined.
All the relevant arguments regarding the enactment of
an equal age of consent were considered by the 1990 PCJC Committee on
Homosexual Law Reform which was Chaired by Mr Peter Beattie - and the
majority Recommendation, as specifically supported by Mr Beattie, was in favour
of enacting a truly equal age of consent. The public was never informed as to
why the Goss Government ignored that Recommendation in the November 1990 Bill
which decriminalised sex between men (at the higher "adult" age of
17).
I believe that it is important to note
that Attorney-General Dean Wells' 1995 Revised Criminal Code allowed
a truly equal age of consent and it was passed without any Parliamentary
comment, let alone objection, to that aspect. This proves that, for at
least a decade now, the majority of both Parliament and the public
have been ready to accept this long overdue reform.
Tragically that 1995 Revised Code was repealed in
1996 by the incoming Borbidge led National/Liberal Coalition. The high level of
complacency and indifference among Queensland Parliamentarians to the
rights and welfare of gay youth was proven by the fact no debate occurred
even when the Nationals doubled the penalties, blurred the
terminology and raised the minimum age for anal intercourse from 17 to 18
(under Sections 208 & 209 of their severely revised 1899 Criminal
Code).
By 2003 every other State and Territory in
The issue of a truly equal age of consent
equally affects ALL youth - not just those who are same sex attracted. Research
in recent years by La Trobe University suggests that 20% of all youth will
choose to engage in anal intercourse, for a variety of reasons. The
law needs to be reformed urgently so that all youth can expect to receive
equal support and protection - especially regarding their sexual health in
the face of ongoing risk of HIV infection.
Rather than delaying consideration of an equal
age of consent by unnecessarily tying it in with unrelated same sex couples
issues, the one notable related legal issue to consider is the age of an
adult under Criminal Law.
There is already a wealth of eminent advice in the
Attorney-General's possession, and in the public domain, to argue for the
urgent reform of both a truly equal age of consent at 16 and the age of an
adult as 18 under Criminal Law.
I urge the Attorney-General to consider passing these
two reforms as a matter of expediency so that the current Beattie
Government can publicly prove that it holds a prime concern for the health and
well being of all of our state's youth.
Finally, I draw your attention to a fine article by
feature writer Jane Fynes-Clinton which was published in the Courier Mail on
With my sincere regards,
John Frame
co-presenter, since 1994, of the gay
& lesbian supportive community radio program "Queer Radio" www.queerradio.org on 4ZZZ fm102.1
see my detailed
Home Phone: 07 3350 1562 / mobile: 0409 501 561
Post:
----"There is no substitute for
equality"----
----------------------------------------------------------------------------------------------------------------------
Refer to:
J/06/06993
Mr John
Frame
Dear Mr
Frame
My office is
in receipt of a number of emails from you in recent months in relation to the
age of consent. I note you have also
contacted the Premier on the same issue.
I advise
that at some point in the near future, I plan to meet with groups interested in
these and other same sex couple issues to discuss them further.
Thank you
for taking the time to raise this matter with me.
Yours
sincerely
Hon Kerry
Shine MP
Attorney-General, Minister for Justice and
Minister Assisting the Premier in
-------------------------------------------------------------------------------------------------
----- Original Message -----
From: Attorney - SMTP
Sent:
Subject: Attorney's Response
In response to your recent email, please find attached
correspondence from the office of the Honourable Kerry Shine MP,
Attorney-General and Minister for Justice.
Kind regards,
Office
of the Attorney-General and Minister for Justice
Level 18, State Law Building
50
Phone:
07 323 93478
Fax: 07 322 02475
Email: attorney@ministerial.qld.gov.au
<<letter john
frame.doc>>
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