(last updated, and all details true and correct, as at 26th
March 2012) A community
resource of accurate information, opinion and references.
This page and the associated links constitute
a detailed resource regarding the need for Equity in Age Of Consent and Legal
Sexual Activity for the State of Queensland, Australia. This campaign commenced in
March 2000, calling for removal of our state's 1990 “Sodomy Law” which defines anal
sex as a criminal activity for any person aged under
18. The Sodomy Law section of the Criminal Code provides absolutely no added
protection for youth, and it acts solely to reinforce homophobic oppression of
same sex attracted male youth, tainting them as being likely criminals, while
also obstructing the delivery of vital safe sex education. All evidence is that
youth engage in sexual activity regardless of the law, and that male youths
engage in sex more frequently, and at a younger age, than females do. The aim of seeking a truly equal age of consent at 16 is to
enable equal legal protection, societal support and community acceptance of all
youth - regardless of their gender or their sexual orientation
All hope for equal age of consent
reform effectively ended on 24th March 2012 when the Anna Bligh led
Queensland Labor Party lost their majority and were reduced to a handful of
seats. Equal age of consent reform will simply not
happen under a Liberal / National dominated government (as
repeatedly confirmed by their Leaders, most recently John-Paul Langbroek).
-
however the Nationals repealed that Act in 1996 before reinstating the 1899
Code with aggressive amendments such as changing the terminology in Section 208
from “anal intercourse” to “sodomy”, and doubling the penalty to 14 years
imprisonment.
I am hugely disappointed and frustrated by the
deliberate refusal by Labor Premiers Beattie and
Bligh to enact an equal age of consent in the 14 years of their
administration's Parliamentary majority. They have knowingly condemned thousands of
Queensland's youth to ongoing Government sanctioned bullying, discrimination,
inadequate sex education, increased risk of HIV and other STD infection, and
increased risk of both self-harm and suicide. I can't ever forgive them for
that serious act of abuse of power through inaction. However getting angry
about it just makes me feel sick - so I'm going to have to be content to
maintain public awareness through this internet resource and let it do as much
good as is possible, until the LNP implode and a party of conscience gains power.
Please feel free to use this information for school or university projects, or
for lobbying. Responsibility for pursuing this reform lies
with every LGBT community group,
community legal service and every person of conscience. I am happy
to answer any queries and can be contacted on 07 3350 1562 or by email jvframe@ozemail.com.au
– John Frame 26th March 2012
.
This public resource was established in 2001 by former 4ZZZfm Brisbane
“Queer Radio” program presenter & coordinator John Frame (see his full
contact details) and is stored on his personal
website www.queerradio.org . John continues to manage and edit all of this content,
and to maintain the resource for community benefit, especially in support of those
many youth who need to know that there are people of conscience who care
strongly for their right to be treated with true equity under the law.
Please
note that throughout this document and any linked files the "Queensland
AIDS Council" has been known since June 2006 as Queensland Association for Healthy Communities.
A Change.org
petition (click here for details) which was opened 14 December 2011 and closed 28
January 2012): I decided to close this petition early, even though there were
only 254 signatures, because in the previous week Premier Bligh had announced
that the State election would be held on 24 March 2012 and that the Government
will go into “caretaker” mode from 19 February. It is still possible for the
Government to officially start the reform process if they act immediately. On
30 January 2012 I posted the complete petition to both Premier Bligh and
Attorney-General Paul Lucas. The 12 page document includes a 3
page covering letter, which includes all of the reasons for signing which
people had posted to the petition site.
|
|
A statement of support for equal age of consent reform in Queensland by Paul Martin, Principal Psychologist,
Centre for Human Potential, Brisbane READ Paul’s complete 18th November
2011 statement as a pdf file Excerpt: “I am a psychologist with over 25
years experience specializing in mental health in LGBTI populations. I run a
practice which sees many young same sex attracted people and am actively
involved in PFLAG where I spend much time with parents of same sex attracted
young people. I have worked with parents who have lost their child to suicide
as a result of their conflicts around being same sex attracted and young
people who were close to dying as a result of suicide attempts. These are
extremely vulnerable segments of Australia’s young population. Clinical and research evidence strongly
suggests that the Queensland Sodomy Law which sets a higher minimum age of 18
for anal intercourse not only exposes many of them (any person who engages in
anal intercourse) and any of their sexual partners to criminal prosecution,
but also causes psychological harm and increases risks of negative outcomes
including suicide.” Paul’s conclusion is that: “Whilst
the Premier’s ‘It Gets Better’ video would have had a positive impact on the
mental health of some same sex attracted youth, the impact may be largely
negated by her refusal to change discrimination in the Sodomy Law. This law
quite clearly causes psychological harm and it is imperative that our Premier
acts urgently to change this for the sake of the most vulnerable youth in
Queensland.” |
|
Hear Paul Martin interviewed by Doug Pollard on JOYfm, Melbourne’s “Rainbow Report” 2nd Dec
2011 (13 minute, 320kps stereo,
30mb mp3 of the original podcast used by kind permission) (aired
11:30am Brisbane Time, Friday 2nd December 2011).
|
READ the article: “Last
chance to repeal Queensland’s “toxic” Sodomy Law” (pdf
file)
“With a looming change of Government to the traditionally homophobic LNP,
it is more dangerous than ever to leave such a toxic law in force.”
By John Frame, 4th
November 2011
Quotes from
Wendell Rosevear are from John’s
interview with him, recorded 18th October 2011 at Avid Reader.
On 18th October 2011 Dr Wendell Rosevear OAM made the following video statement in strong support of equal age of
consent reform in Queensland. Watch the unedited video below,
Or VIEW an html file with
this video embedded, and also the text of the complete transcript:
Video recorded at the Avid
Reader Bookshop (Brisbane, Australia) 18th Oct 2011 launch of "Speak Now - Australian
perspectives on same-sex marriage" (Clouds Of
Magellan, 2011). Wendell is one of the contributors to that publication. He is distinguished
as one of Australia's most eminent medical professionals who works
in Alcohol and Drug recovery, HIV/AIDS, Rape and Sexual Abuse Recovery, and
General Practice. Wendell has specialised experience
in support for lesbian, gay, bisexual and transgender persons, and also in
prisoner health and counseling. In 1996 Wendell was named Brisbane Citizen Of The Year and received the AMA National Award for
"Best Individual Contribution To Health Care In Australia". In 1998
he was awarded the Order of Australia Medal in recognition of his great work.
Wendell believes firmly in the healing power of love. He owns and operates the
Stonewall Medical Centre in Newmarket.
Queensland’s age of consent is 16, however “sodomy” (a
penis entering an anus, or the attempt to do so) involving any person aged
under 18, is a criminal offence under the "sodomy law" (Section
208 of the Criminal Code 1899) and is punishable
with up to 14 years imprisonment. Queensland is the only state or territory in Australia which does not have
a truly equal age of consent (equal at 16
in West Australia, New South Wales, Victoria, Northern Territory and the
Australian Capital Territory, and at 17 in Tasmania and South Australia.)
So why hasn’t equal age of consent reform been enacted
yet? The main problem was that the Queensland Labor Government’s
administration – i.e. their Premiers Beattie and Bligh and their last six
Attorneys-General, from Matt Foley to Paul Lucas, all apparently cared more
about the risk of losing a few votes than they cared about the health and well
being of our state’s youth. Support for equality in laws
related to age of consent had been written into Queensland Labor’s Policy
Platform for many years – so there’s no legitimate excuse for their inaction.
Strong resolutions of support for equal age of consent reform had been
confirmed in 2010 and 2011 among many branches of the Queensland Labor Party, however the matter was not made an agenda item at
their party’s 2011 State Conference.
Another big problem is the dire lack of organised community activism to push for reform. In every
other state and territory LGBT groups and community legal services gave due
priority to the issue of equal age of consent reform and they fought
determinedly to make it happen. LGBT representative groups in Queensland tended
to place this issue well down on their list of priorities and it has rarely
even been mentioned in their media opportunities or press releases. The
Northern Territory’s 2003 case for reform was actioned
by the Darwin Community Legal Service, however our Caxton Street Legal Service
have advised that they have neither the staff nor the finances to take any
action. In June 2010 the Queensland Council for Civil Liberties officially declared
its support for reform (emailed pdf letter) and that’s a very important
fact to note.
The third problem is that mainstream media,
except for local radio ABC612 and national youth network TripleJ, continue to treat
this as a “non-issue”. The editor of Queensland’s sole statewide tabloid, The
Courier Mail, has flatly refused to publish a feature - even when a very fine
article was submitted by one of the paper’s own senior staff.
|
Photo by
Mark Tedeschi QC |
3rd
February 2010 statement by Hon.
Michael D. Kirby AC CMG: Read: “Unequal Laws
Affecting Homosexual Citizens In Queensland” (pdf file, 40k) Excerpt: “It is time that this last relic of
criminal legal discrimination was removed in Queensland. It is a hangover
from earlier, ignorant and prejudiced days. It exposes homosexual youth in
Queensland to grave differential criminal penalties; potential harassment;
and impedes effective strategies to respond in Queensland to the risks of HIV
and AIDS in young people. All of the reasons given for the noteworthy
decision of the Indian judges apply here. What India and the rest of
Australia have already done, Queenslanders should now do by parliamentary
action. It is a basic matter of equality of citizenship.” Michael Kirby
retired in February 2009 as a Justice of the High Court of Australia, where
he served for 13 years. He is perhaps Australia’s most well known and
respected openly gay man and he has been a lifelong active advocate for true
equity for all. Visit Michael’s
own site at:
http://www.michaelkirby.com.au/
On 8th July John Frame was in the audience for the "In Conversation with Michael Kirby" event at State Library of Queensland and in question time asked Michael to comment on equal age of consent reform. The event was recorded and broadcast 15th July 2010 by Radio National. Hear that question and answer as a 2m 26s excerpt (2mb mp3). |
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8th October 2010 statement of support by Peter Tatchell - Australian-born,
UK-based human rights and LGBT rights campaigner: "In a democratic society, everyone
should be equal before the law. There is no moral or medical justification
for having a higher age of consent for anal intercourse. Even though some
heterosexuals have anal sex, this unequal age of consent is, in essence, a de
facto discrimination against gay and bisexual men. The best way to protect
against HIV is education about safer sex, not arbitrary and discriminatory
laws that predominantly penalise the gay and bisexual communities." - Peter Tatchell
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Click
the following bookmarks to go to related details within this page:
- The Proposal for equal age of consent reform
- Reasons for enacting a truly equal age of
consent
- Evidence in support of an equal age of consent
- Media coverage
(newspapers
and radio)
- The
Sodomy Law worsened rather than deleted in October 2008
- A Brief Overview of the
- Queensland Anti-Discrimination
Commissioner supports reform
- DVD/CD-ROM
information pack sent to all Members of Parliament in June 2007
- Premier
Anna Bligh evades honest discussion on the Madonna King show ABC612 Oct/Nov 2007
- Parliamentary
“E-Petition” July 2005 signed by 740
- Definition and Prosecution of the
- Former Premier Peter Beattie’s full awareness
that the Sodomy Law should never have been enacted
- Contact the Premier and the
Attorney-General
- Video interview with John Frame and text statement of
his interest in this cause
- Hon. Michael D. Kirby AC CMG
statement 3rd February 2010
- Peter Tatchell
statement 8th October 2010
That Queensland's Criminal Code
be amended to be in line with every other Australian State and Territory
through the enactment of a truly equal age of consent to sexual activity,
in order to enable equity in the protection and support of all youth
regardless of their gender or their sexual orientation.
Reasons for
Equal Age Of Consent Reform in
- Since 2003
- The
current law stands in spite of the October 1990 "Report on
Reforms In Laws Related To Homosexuality" by the all party Parliamentary Criminal Justice
Committee , as Chaired by Peter Beattie, in which majority Recommendation
7 was that "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.” The
higher minimum age for anal intercourse exists only because of a “behind
closed doors” decision by the Goss Labor Cabinet, as a token of
consolation to its own handful of ultra conservative MPs. It was
introduced in the November 1990 Bill which otherwise “decriminalised”
sex between men. Hansard shows that not one word
was spoken about this section in the passing of that Bill.
- Queensland
Anti-Discrimination Commissioner Susan Booth has declared that
the discriminatory unequal age of consent is in clear contravention of
Article 26 of the International Covenant on Civil and Political Rights: “In 1994 in the case of Toonen
V Australia, the United Nations Human Rights Committee ruled that the International
Covenant on Civil and Political Riqhts prohibits
discrimination on the basis of sexual orientation. The older age limit for
lawful sodomy in section 208 of the Criminal Code therefore constitutes a
discriminatory provision which breaches Article 26 of the International
Covenant on Civil and Political Rights. Other States and Territories have,
since the decision in Toonen, repealed similar
discriminatory and homophobic laws.”
- A
truly equal age of consent was recommended in the 1999
Report "Sexual Offences Against
The Person" by the Model Criminal Code Officers Committee of the
Standing Committee of Attorneys-General. They quote from the 1989 Fitzgerald Report:
"Laws should reflect social need, not moral repugnance. Unless
there are pressing reasons to do so, it is futile to try and stop
activities which are bound to continue and upon which the community is
divided ... Where the moral issue is one upon which there is room for
seriously divergent opinions, the legislature should therefore only
interfere to the extent necessary to protect the community, or any individuals
with special needs. Generally those who take part voluntarily in
activities some consider morally repugnant should not be the concern of
the legislature unless they are so young and defenceless
that their involvement is not truly voluntary. (Fitzgerald
Report, Commission of Inquiry into Possible Illegal Activities and
Associated Police Misconduct, Report of a Commission of Inquiry Pursuant
to Orders in Council, Government Printer, Brisbane (1989) at 186 )
- The current law acts to impede the most effective
delivery of vital safe sex education to youth regarding anal intercourse
- an activity which, without education for proper protection, may be
high risk for HIV infection. On
25th May 2005 Melbourne’s La Trobe University (Dr Lynne Hillier et al)
published an important report "Writing Themselves In Again", a
national survey of 1,749 “same sex attracted youth”. The researchers
found that the clear majority of same sex attracted youth are aware of
their sexual attraction by age 16 (if not by 13); that they are sexually
active at an earlier age than their heterosexual peers; that 70% had
engaged in penetrative sexual intercourse and that only 75% of 15-18 year olds
had used condoms in their last encounter. They also found that same sex
attracted youth were 5 times as likely to suffer a sexually transmitted
infection as would the average high school student – proving their higher
risk of exposure to HIV and the drastic need to maximise
effective safe sex education.
- The current law acts to reinforce homophobic
oppression, bullying and abuse of same sex attracted youth,
denying them deserved peer support and acceptance. All youth deserve the
same level of legal protection and community support to have the best
chance of living healthy, loving and productive lives as adult citizens.
- Equal age of consent reform is supported by
various eminent community organisations
including Brisbane Parents and
Friends of Lesbians and Gays, the Queensland
Association for Healthy Communities and the federally funded Open Doors Youth Service which specialises in the support of gay, lesbian, bisexual
and transgender youth.
- As from 1st
July 2009, Federal law amendments will define that “couples are couples”
regardless of their gender in all areas except marriage. Federal agencies
will tell young same sex male couples that they are equal with other
couples, while
REFERENCES:
The 1990 PCJC Report on Reforms in laws Related to
Homosexuality is at:
http://www.queerradio.org/PCJC_law_reform_report_October_1990.pdf
The quote from the Qld Anti-Discrimination
Commissioner is from her 15th July 2005 letter to Attorney-General Rod Welford:
http://www.queerradio.org/AOC150705_ADCQ.htm
The Report "Sexual Offences Against
The Person" published May 1999 by the Model Criminal Code Officers
Committee of the Standing Committee of Attorneys-General. The pdf of the report is at:
and that file is found via the Model Criminal Code listing at:
http://www.ag.gov.au/www/agd/agd.nsf/Page/Modelcriminalcode_Chapter5-OffencesAgainstthePerson
The La Trobe University 2005 Research Report
"Writing Themselves In Again: The 2nd
national report on the sexual health & well-being of same sex attracted
young people in Australia" pdf file is at:
http://www.latrobe.edu.au/ssay/assets/downloads/writing_themselves_in_again.pdf
and that file is found via the list at:
http://www.latrobe.edu.au/ssay/publications.html
More
reasons for urgently enacting
a truly equal age of consent in
Paul Martin, Manager of the Queensland
AIDS Council (now known as Queensland Association for Healthy Communities) issued a 3rd February
2005 press release declaring that "The
current law causes confusion amongst many in the community who believe that all
sex between men is illegal before the age of 18" said Paul R Martin of the
Queensland AIDS Council. "We are concerned that young people who are
sexually active are reluctant to come forward to access sexual health services
and receive sex & relationships education for fear of being
prosecuted". Mr Martin went on to say
"There is no legitimate reason why the age at which young men and women
can have vaginal sex, which may result in child birth, should be any different
from the age at which people can legally have anal sex. The current law does
nothing to protect young people, on the contrary it criminalises young people who choose to have anal
sex".
October 2008: Qld's "Sodomy Law" was worsened rather
than deleted by Attorney General Kerry Shine in October 2008
An October 2008 amendment to the Criminal Code
Sections 208 and 209 had actually worsened the effect of the "sodomy
law". Section 209 - attempting to engage in sodomy - was deleted
and the wording was incorporated into Section 208, which meant that the
penalty for attempting sodomy had been doubled from a maximum of 7 to 14 years.
Attorney-General Kerry Shine actually reviewed the
Sodomy Law element of the Criminal Code and yet decided to make it worse, when
he was personally well aware that the Queensland Anti-Discrimination
Commissioner had recommended 3 years earlier that it be deleted altogether
and she had reminded him, in person, just a year earlier that she was
definitely serious about the need for that reform.
The Criminal Code and Other Acts Amendment Act 2008 Act No. 55 of 2008 (assented to 23rd October
2008):
http://www.legislation.qld.gov.au/LEGISLTN/ACTS/2008/08AC055.pdf
The current version of the Qld
Criminal Code is at:
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CriminCode.pdf
Queensland's new Premier, Anna Bligh,
declares “no plans to consider” Equal Age Of Consent Reform (ABC612 local radio 26th Oct ’07 and again
30th November '07)
On 26th October 2007 Premier Anna Bligh
spent just seven seconds on ABC612’s “Madonna King” program dismissing a
19 year old gay
Peter of Taringa
was told by the show’s producer that he had to keep his question to the Premier
succinct, so he asked:
“I was wondering when the Queensland
Government was going to change the age of consent laws between differing sexual
activities from 18 for anal intercourse to 16 to be in line with vaginal
intercourse?
Premier Anna Bligh’s response was:
“Peter, our Government has no plans to consider that
issue. So I guess that the answer to your question is that there is no time frame
because we have no plans in relation to that.”
When I heard this I immediately phoned the ABC in the
hope of asking Premier Bligh for exact reasons why her Government is not
considering this reform, but I was told that they do not allow callers to ask
questions on matters which had “already been dealt with”. I then sent an
email to Premier Bligh expressing my disappointment at her display
of indifference, and also posing the two questions that she needs to answer in detail.
Her 5th
December 2007 reply was authored by her Deputy Chief of Staff and
continued the "no plans for reform" mantra, without even mentioning
the two questions for which I had specifically requested answers.
On 30th November 2007 (click for more details plus link to mp3) I tried
phoning in an HIV-related equal age of consent question for Premier Bligh
during the Madonna King show – but sadly received a response which was no more
satisfactory than Peter's. I believe
that Premier Anna Bligh is either feigning or proving her ignorance of the real
matters that are at stake with this reform, and that as the mother of a young
teenage son it is vital for her to recognise that the
current law presents a real potential risk to the health and welfare of her
very own family.
DVD-Video and CD-ROM package “6
Statements of Support for Equal Age Of Consent Reform in Queensland” posted to all MP’s June 2007:
Click
the individual photos below to choose either YouTube
video or transcripts of each of these
statements of strong support for equal age of consent reform in
Since early 2000, when I started to
actively pursue this reform, the Premier and various Attorneys-General have all
either refused or failed to meet with a representative group in order to discuss
the matter. So I decided to bring the people to Parliament via the medium of DVD-Video (with transcripts and audio
on an accompanying CD-ROM).
I produced the project between February
and May 2007 and during June the DVD-Video and
CD-ROM package entitled “6
Statements of Support for Equal Age Of Consent Reform in Queensland” was sent
to each individual
The CD-ROM contains audio versions of the
statements, transcripts and also selected relevant documents (including
Queensland Anti-Discrimination Commissioner Susan
Booth’s 15th July 2005 letter to Attorney-General Rod Welford).
Premier Peter Beattie’s written response
was that he is continuing to leave the decision on this matter with the Attorney-General
(despite Mr. Beattie’s personal 1990
statement that he supported an equal age of consent).
The Attorney-General’s 22nd
June 2007 response merely re-affirmed
the Beattie Government’s ongoing refusal to make any commitment to this reform (while offering no justification for this
decision).
The June 2007 edition of
(click the image for full text plus link to a full
size jpg of the article)
Evidence In
Support of an Equal Age Of Consent:
There are also valuable references in a January 1991 report from the Australian
Institute of Criminology on Homosexual Law Reform in
http://www.aic.gov.au/publications/tandi/ti29.pdf.
Report
29 was authored by Melissa Bull, Susan Pinto and Paul Wilson (Professor Paul Wilson is currently
Director of the Centre for Applied Psychology and Criminology at Bond
University, Gold Coast, Queensland) The authors quote professionals who
wrote in 1990 to Queensland Premier Wayne Goss stating that it is imperative
that age of consent should be gender neutral, and that there be no distinction
made in the legality of any consenting sexual activity. The following is a complete excerpt from page 9:
“Age of
Consent
There should be no difference in the 'Age of Consent'
for males and females in relation to heterosexual or homosexual acts. The Queensland Psychologists for Social Justice indicated in their
submission to the Parliamentary Criminal Justice Committee (Gallois,
North & Raphael 1990) that research and clinical experience support the
proposition that young males start sexual activity earlier and are more likely
to have more sexual partners than girls at any given age through the teenage
years.
Thus
to legislate differently on the 'Age of Consent' for homosexual acts ignores
the realities of sexual expression and sexual identity formation. In a letter
to the Premier of Queensland, the Honourable Wayne
Goss, several
...that
any distinction made in age of consent for homosexual activity and the age of
consent for heterosexual activities would be discriminatory and
prejudicial...The dangers exist in that any differentiation, in age of
consent....further reinforces negative social constructions and public opinion.
Such legislative differentiation will ensure that young homosexuals in
The
recommendations regarding 'Age of Consent' finally proposed by the Queensland Parliamentary
Criminal Justice Committee concur with these views.”
June 2006 In a two page briefing paper for members of the Australian Federation of AIDS Organisations
(AFAO), the group gives a clear statement of how age of consent laws apply
across Australia, and an equally clear condemnation of Queensland's unequal age
of consent: http://www.afao.org.au/library_docs/policy/Age_of_consent_briefing_paperJune06.pdf
This detailed paper entitled “AGE OF CONSENT
FOR SEXUAL ACTIVITY - Findings from the scientific literature to support
equality of age of consent for same-sex and different-sex sexual behaviours” was prepared in May 2001 for the Committee on Gay and Lesbian Law Reform (W.A.) by Dr Vivienne
Cass, Ph.D., M.Psych., B.Psych.,
Teach.Cert. www.queerradio.org/Age_of_Consent_for_sexual_activity.pdf (27k file)
Source: From the website of West Australia’s Gay And Lesbian Equality ( GALE) www.galewa.asn.au/.
In March 2002 the age of consent in
For anyone who might be completely unfamiliar with the story behind the
call for reform of
In my home state of
Even though the law applies to "any person"
(both men and women) it is clear that the intent of the 1990 law was to
discourage young men from doing male to male sex. It was passed in the same
Bill which otherwise "decriminalised" sex
between men. The lawmakers deliberately used the term "decriminalised"
in the legislation to make it very clear that the administration was not
inferring any approval of homosexual activity just because they happened to be
changing the law. The Goss Labor government of the time had the clear numbers
to force any law through, but the Sodomy Law was included in order to placate
its own gay-hating conservative Members. All debate in Parliament was about
whether homosexual law reform should happen at all. In fact the Sodomy Law has
never been debated in Parliament, nor has it ever been officially explained to
the public.
I got involved in seeking sodomy law reform when, on
19th February 2000, our only state-wide newspaper (The Courier Mail) published
a full page article headed ">Reasonable Age - Will
lowering the age of consent for homosexual sex open the floodgates to paedophilia?" The article's author clearly thought
the answer was "YES!". She dangerously
misrepresented the truth of the law by suggesting that ALL male to male sex was
illegal under 18 years. I phoned and wrote to the
paper and they refused to print a correction or retraction. When I spoke with
other people about this I was shocked to find that about 80% (whether straight
or gay) did not understand the law.
Since 2000 I've had a constant stream of
correspondence and phone calls with our state government's Premier and several
Attorneys-General, I've organised rallies and
meetings, written articles and done radio interviews. 740 citizens joined a
Parliamentary E-petition and our Anti-Discrimination Commissioner even wrote
stating that the law should be reformed. All this has been to no avail. The
Premier simply refuses to budge on reform - even though former Premier Peter
Beattie actually Chaired the 1990 all-party
Parliamentary Committee which Reported on homosexual law reform. In that Report
Mr Beattie declared his personal support for the
majority Recommendation to enact an equal age of consent.
The Premier and the Attorney-General persist in
offering, without qualification, the following inadequate statement to justify
their ongoing inaction on reform: “The issue
of the age of consent is a vexed one and one in which there are deeply held and
opposing views.”
Both the Premier and the Attorney-General have refused
to meet with a representative community group to discuss the need for an equal
age of consent – and they continue to ignore the July 2005 recommendation for
reform by the Queensland Anti-Discrimination Commissioner.
Queensland Government
Parliamentary E-Petition (Number 421-05) for Criminal Code Law Reform went
online on 1st February 2005, sponsored by Simon Finn, MP for Yeerongpilly, with the wording:
TO: The Honourable the
Speaker and Members of the Legislative Assembly of Queensland
|
Queensland citizens
draws to the attention of the House the current Queensland Criminal Code
discriminates against 16 |
The E-petition was open only to citizens of
On 22nd March 2006 an Official Ministerial Response was posted by Queensland
Attorney General Linda Lavarch. The Attorney General’s entirely
unsatisfactory response acknowledges the negative
aspects of the current law, but she advises that the Government will not enact
reform because “The
issue of the age of consent is a vexed one and one in which there are deeply
held and opposing views.” It
seems clear from this statement that the Beattie Government cared more about
the risk of losing votes than it cared about the health and well-being of
youth.
N.B:
In preceding weeks the Courier Mail had
reported that Peter Beattie was actively negotiating with the conservative
religious Family First Party to secure preference deals for the upcoming state
election (hoping to split the conservative vote). Successive polls had shown
the Nationals to be almost certain to win at the 2006 election (NB: Labor
retained power – at least until the 2012 election). Nationals Leader Lawrence Springborg
has clearly stated that they will not support an equal age of consent.
On 15th July 2005
The Commissioner
concludes by stating that “It is now imperative
that
(click here to read the full text of the Commissioner’s
letter, including links to jpg scanned images)
Definition and Prosecution of the
Queensland’s
age of consent is 16, but anal intercourse (“sodomy”) involving any person aged
under 18 is a criminal offence under the "sodomy law" (Section 208 of the Criminal Code 1899) - punishable with up to 14 years imprisonment.
Definition of “sodomy”: "Under
How is the Sodomy Law
prosecuted in
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
Mr
Beattie was Chairman of the Parliamentary Criminal Justice Committee (PCJC)
which conducted community consultation and delivered a detailed Report to
Parliament in October 1990. In the PCJC Report he clearly declares his personal support for the Committee’s first 8
recommendations, of which “RECOMMENDATION 7” is “THE COMMITTEE RECOMMENDS THAT 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.” There is no official record of the reason why, but this recommendation was ignored in the Bill which was introduced to Parliament in
November 1990 - a Bill which included a higher age for anal intercourse - a
Sodomy Law.
Premier Beattie also knew that the Sodomy
Law directly placed 16 and 17 year olds at increased risk of HIV by impeding
safe sex information.
His PCJC Report
states on page 49:
"The
Committee was of the view that the professional advice put before it concludes
the following:-
1.
Sexual orientation is most likely determined early and while the age is not
determinable it is most likely before puberty.
2.
Once sexual orientation is determined it is very difficult if not impossible to
change.
3.
The law regardless of whether it makes homosexual sex between consenting males
in private legal or not has little impact or no impact on the practice of
homosexuality in private. Its impact is in relation to whether safe sex is
practiced and whether the community is susceptible to particular AIDS education
programs.
4.
The evidence seems to suggest that homosexual orientation is not a matter over
which homosexuals have any control in the same way heterosexuals have no
control over their sexual orientation."
The Queensland Government continues to
advise that it does not have any plans to change the existing legislation.
Contact the Premier and
the Attorney-General:
It will be of immense value for you to write your own letter to The Premier and to the
Attorney- General (see contact
details below) with a copy to your local Member of Parliament. Tell them how
you feel about the inequity inherent in the Sodomy Law (Sections 208 & 209
of the Criminal Code) and how it adversely affects your life or that of your
family and friends. Ask for prompt action on reform. Be sure to give your name
and address so they know that your letter is genuine and so they can send you a
reply. Please consider sending me a
copy. Post or email the Premier and Attorney-General at:
·
Hon.
Anna Bligh MP, Premier of
P0 Box
Email ThePremier@premiers.qld.gov.au
·
GPO
Email Attorney@ministerial.qld.gov.au
Contact details for all current
All Media Coverage:
27th
Jan 2010 Queensland Pride, February 2010, edition
#QP269, cover story feature article:
“STATE OF
(click to go to an html file of the online version)
Queensland Pride 
http://queenslandpride.gaynewsnetwork.com.au/ is one of Queensland’s two highly respected
and long established lesbian and gay community newspapers.
4th
December 2009 QNews,
edition #235, p9, feature article:
“GAY SEX IN
Click
here for the QNews online copy of the article
(click to go to a
full size 700k jpg of the print version)
QNews 
www.qnews.com.au is one of
10th
Sept 2009 ABC Unleashed
online article :
“THE AGE OF
CONSENT” by John Frame
Click here for the
ABC’s online copy of the article
(click to go to a pdf file of the
article, including the 109 comments)
27th Feb 2009 A recent Queensland
Pride Magazine online article inspired ABC
Toowong journalist Kaitlyn Sawrey to record an interview at my home for use as a
discussion topic on Triple-J's "The
Hack" program. That same night they ran the topic as the show's
"Shake Up" panel discussion - here's a link to an mp3 of that segment
11
minutes 38 seconds (64kps mono mp3,
5mb) I'm extremely glad that Tommy Murphy (stageplay
writer/director of Tim Conigrave's "Holding The
Man") was on the panel. Tommy makes very good sense - making up for the
regressive comments by conservative christian
gay journo John Heard.
June 2007 edition
of
(click the image for the full text plus link to a
full size jpg of the article)
30th Nov 2006 Courier Mail
article by feature writer Jane Fynes-Clinton. In this concise yet accurately detailed
feature, especially written for World AIDS Day, Jane connects many of the more
important issues related to Queensland’s unequal age of consent – including
that the current law places youth at increased risk of HIV infection. She personalises the story with bookended references to Keith
Phillips, an openly gay year 10 student at Alexandra Hills State High in
20th June 2005 9:20am, ABC 612 Local Radio: Steve Austin interviewed John Frame
for 8 minutes (64kps mono mp3, 3mb)
regarding the need for Sodomy Law Reform - including mention of the
Parliamentary E-petition and the fact that the Northern Territory Labor
Government had been returned in the preceding weekend's election with a greatly
increased majority (and they had reformed their Sodomy Law in the most recent
term of office). The ABC received no calls at all in regard to the interview -
a sign that the thinking public is very comfortable with the need for reform.
10th March 2005 “ON LINE opinion” forum article by Rose
Cooper on age of consent: http://www.onlineopinion.com.au/view.asp?article=3094
. John Frame’s comments
were posted under the tag EqualRightsActivist:
“Rose raises many good points - regardless of any
nit-picking in regard to her grammar. It is especially important that she
points out that there should be no difference in the protection and support
afforded to youth of any gender (male/female/intergender)
at the age of consent. Anyone with an honest and open mind and with even a
smidgen of life experience must know that same gender attraction is
The term "homosexual lifestyle" is as uselessly definitive as
"religious fanatic" - but one certainly makes a choice when embracing
extremes of fashion or displaying wanton bigotry.
The legal age of consent should be the benchmark for all youth to have access
to all information and support that they might reasonably need in order to
protect their sexual health as well as their emotional health. All youth should
have equal support and protection at the same age. In
Attorney General Rod Welford will tell you that the Sodomy Law is not
discriminatory, because it applies to all persons, whether they are male or
female – but the Queensland Anti-Discrimination Commissioner says that it is
equally wrong that the law discriminates against 16 and 17 year olds.
Unfortunately she cannot force reform of State laws and the Beattie Government
seems content to let youth remain at risk while they maintain a vote-winning
veneer of Bjelke-Petersen style conservatism.”
27th Feb 2005 Brisbane’s
monthly LGBT street press Queensland Pride
publishes an article in their March edition reporting on the 14th February
“Love In For Love Equality”. For full
article text click here.
21st Feb 2005 The Los
Angeles based, half-hour weekly, internationally distributed lesbian & gay
radio magazine This Way Out included news coverage
of the 14th February 2005 “Love In for Love Equality” and also included a 6
minute edit of representative voxpops recorded on
that day by John Frame. For full details of this This Way Out program click here.
18th Feb 2005 Brisbane’s
fortnightly LGBT street press Q News (issue #110, p3) published a substantial article and photo reporting on the 14th
February “Love In For Love Equality”.
16th Feb 2005 The Queer
Radio program on 4ZZZ Brisbane airs over 30 minutes of voxpops recorded at the 14th February Love In For Love
Equality – we heard from representatives of the Queensland AIDS Council (Paul Martin, Brisbane Parents Family & Friends
of Lesbians And Gays, University of Queensland
Sexuality Collective, University of Southern Queensland queer student group
“USQ-Plus”,
Brisbane LGBT youth service “Open Doors”
and Toowoomba’s LGBT social group “The Silver Wheat Society”. HEAR
all nine “voxpop” recordings as 128kps stereo mp3’s.
14th Feb 2005 – approx
5:45pm The ABC’s national youth radio network Triple-J's
"The Hack" program aired a 6 minute interview
(128kps stereo mp3, 6mb) on the
need for reform of the Queensland Sodomy Law. Steve Cannane, Sydney-based presenter of the “Hack” program, spoke by
phone earlier in the day with John Frame from the ABC’s
14th Feb 2005 CLICK HERE for PRESS RELEASE re success of Love In For Love Equality
(13th Feb ’05)
September 2003 A fine
article titled “Sodomy” by Rodney Polkinghorne
was printed in the September 2003 “Queer Edition” of Semper
Floreat – the monthly magazine published by the
Video Interview with John Frame and statement of
interest in this cause:
View YouTube video of John Frame as a guest speaker of the Queensland Association for Healthy Communities
at their 4th June 2008 Pride Campaign launch at their
Why is John Frame personally interested in this issue? (19k html text file)
Linked to the buttons below are: Details of the current
From the website of Queer Radio, the gay & lesbian Community Radio program on 4ZZZ fm102.1 in
Last updated 26th March 2012