Consent & Legal Sexual Activity for the State of
25th May 2010 Letter from Opposition Leader John-Paul Langbroek. In response to my 10th May 2010 letter to each individual Member of Parliament which included a copy of the 3rdFebruary 2010 statement by Michael Kirby. NOTE: Mr Langbroek writes that the Liberal/National Party views the unequal age of consent as being fair, because it technically applies to any person. That misperception was an intended consequence of the original Section 208 and 209 re-wording of the Criminal Code in the Bill which decriminalised sex between men in November 1990. Anal intercourse had traditionally been a virtual synonym for “homosexual sex” and that’s precisely why the Parliamentary Criminal Justice Committee made the following majority Recommendation in their 1990 Report No 2, on Reforms In Laws Relating to Homosexuality: “RECOMMENDATION 7: THE AGE OF CONSENT FOR HOMOSEXUAL ACTS IN ACCORDANCE WITH THE PRINCIPLES OF SEXUAL EQUALITY AND ANTI-DISCRIMINATION BE THE SAME FOR MALES AS IT IS FOR FEMALES, IRRESPECTIVE OF WHETHER THE SEXUAL ACT IS HETEROSEXUAL OR HOMOSEXUAL.”
Text via OCR:
Leader of the Opposition
Leader of the Liberal National Party
Tuesday, 25 May 2010
Mr John Frame
82 Main Avenue
Wavell Heights 4012
Dear Mr Frame,
I refer your recent letter received in my office on 18 May 2010.
Thank you for writing to me to express your thoughts in relation to the laws governing the sexual age of consent in Queensland. I appreciate this is an issue which deeply concerns many Queenslanders. Your submission provided several points of interest and I have taken on board your comments and views on this matter.
However, the LNP has no policy to change the laws governing the age of consent; and no such policy is on the table for discussion.
Further, we do not accept the assertion that Section 208 of the Queensland Criminal Code of 1899 is specifically prejudicial to gay men, as the legislation clearly refers to the specific act of sodomy as unlawful, without commenting on the sex or sexual orientation of the ‘person’ performing it. In particular, in subsections (1) (b) and (1) (d) the code nominates that under the law, the offence may apply to ‘him or her’. Taking this exact reference to both males and females into account, we believe that the law, as written, pertains to all persons under the age of eighteen equally.
Once again, I appreciate the effort you have taken to bring your views on this important matter to my attention.
JOHN-PAUL LANGBROEK MP
Member for Surfers Paradise
Leader of the Opposition
Address: Parliament House
Alice Street Brisbane
Queensland 4000 Australia
Telephone: (07) 3406 7997
Facsimile: (07) 3221 1496