A detailed resource
regarding the need for Equity in Age Of Consent and Legal Sexual Activity for
the State of
All evidence is that youth engage in sexual activity
regardless of the law, and the aim is neither to encourage nor promote sexual
activity, but rather to enable equal legal protection, societal support and
community acceptance of all youth - regardless of their gender or their sexual
orientation.
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. 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
Canberra, and at 17 in Tasmania and South Australia.)
From the website of Queer Radio, the gay & lesbian Community Radio program on 4ZZZ fm102.1
in
N.B: Please
note that throughout this document and linked files the state government funded
"Queensland AIDS Council" is now known (since June 2006) as Queensland Association for Healthy Communities.
|
Photo by Mark Tedeschi
QC |
Read the 3rd February 2010 statement
by the Hon. Michael D. Kirby AC CMG: “Unequal
Laws Affecting Homosexual Citizens In Queensland” (pdf file, 40K) Michael Kirby
retired in February 2009 as a Justice of the High Court of Australia, where
he served for 13 years. Michael is
perhaps Visit
Michael’s own site at: http://www.michaelkirby.com.au/
|
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
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
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
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 22nd 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
next 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 here
for the Queensland Pride online copy of the article
(click to go to an
html file of the online version)
http://qlp.e-p.net.au/
is one of
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 10th February 2010