*Age Of Consent & Legal Sexual Activity for the State of Queensland, Australia - A campaign to remove our Sodomy Law (which was enacted in 1990).

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From the website of Queer Radio, the gay & lesbian Community Radio program on 4ZZZ fm102.1 in Brisbane, Australia. File and website maintained by Queer Radio presenter & coordinator John Frame.

What The Law Means…

The true interpretation of current Queensland law in regard to AGE OF CONSENT & LEGAL SEXUAL ACTIVITY is that:

In Queensland, men or women must be aged 16 and over to legally consent to engage in sexual activity, HOWEVER anal intercourse ("a penis entering an anus”) involving anyone aged under 18 is a criminal offence - punishable with up to 14 years imprisonment. Consent is not accepted as a defence.

The official definition of the word “sodomy”:

"Under Queensland Law, "sodomy" refers to the act of carnal knowledge (sexual intercourse) by anal intercourse. In other words, penetration of the anus by a penis." This is a direct quote from a letter by former Attorney General Hon. Matt Foley MP dated 5th September 2000 which further defined details of his letter dated 5th May 2000. Attorney-General Hon. Rod Welford MP confirmed his predecessor’s definition on 21st May 2001 and Premier Peter Beattie also stated his agreement when interviewed on 15th June 2001.

How the Sodomy Law is prosecuted in Queensland courts:

Guidelines for the judiciary are contained in the QUEENSLAND SUPREME AND DISTRICT COURTS BENCHBOOK on pages 148, 149 and 150. It is important to note that Queensland Courts specifically do not consider “consent” to be a defence under the Sodomy Law. ALSO the age of an "adult" under Queensland Criminal Law is 17 (although everywhere else in Australia it is 18).

Last updated 29 January 2007