A
detailed website resource regarding Age Of Consent and Legal Sexual Activity
for the State of
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" (Sections 208 and 209 of the Criminal Code
1899) - punishable with up to 14 years
imprisonment.
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.
A truly equal age of consent is necessary in order to
establish equality in the protection, health, support and acceptance of ALL
youth - regardless of their gender or their sexuality.
Six key points in favour
of urgently enacting a truly equal age of consent:
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 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.
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
Premier’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
edition of
(click the image for full text plus link to a full
size jpg of the article)
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).
You
are welcome to watch the YouTube copies of these videos as linked below.
Transcripts for each speaker are also linked as htm
files:
(1)
Susan Booth,
Commissioner, Anti-Discrimination Commission
(2)
(3)
(4)
(5)
(6)
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.”
30th November
2006 Courier Mail article by
feature writer Jane Fynes-Clinton. In this detailed and concise feature, especially
related to 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 Brisbane.
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
Evidence In Support of an Equal Age Of Consent:
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
The Premier and the Attorney-General
persist in offering, without qualification, the following inadequate statement
to justify their ongoing inaction on reform. They state that: “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.
It is an embarrassing fact that
(a) which maintains a "Sodomy
Law" - the Criminal Code specifically criminalises
anal intercourse for 16 and 17 year olds
(b) which considers a 17 year old to be
an "adult" under Criminal Law (elsewhere it is 18) and
(c) which does not have a truly equal age
of consent for all its citizens.
For anyone
who might be completely unfamiliar with the story behind the call for reform of
Queensland's 1990 Sodomy Law, here's a brief overview:
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.
Queensland’s age of consent is 16, but
anal intercourse (“sodomy”) involving any person aged under 18 is a criminal
offence punishable with up to 14 years imprisonment. It is important to note that any person aged 17 (or over) is an
adult under
All youth deserve equal
protection and support under our state law – Current
This introductory page gives
brief details of how the current state Sodomy Law adversely impacts on youth,
of how it is legally interpreted and applied in the courts and of efforts made since
early 2000 to get the Beattie Government to reform the 1990 Sodomy Law. The above buttons go to more detailed pages
on specific aspects.
A
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 cares more about losing votes than it cares 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)
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" (Sections 208 and 209 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
Why the “sodomy law”
must be removed urgently:
(1) Unprotected anal intercourse is a very high risk sexual
activity for HIV/AIDS and for other sexually transmitted infections, however
the Sodomy Law exposes all 16 and 17 year olds to high risk by impeding their
access to safe-sex education regarding anal intercourse. As shown further
below, expert opinion is that a Sodomy Law cannot limit sexual behaviour - it only serves to limit safe-sex education.
(2) Though the same law applies to both women and
men, it's definitely men who are being specifically targeted for
discrimination. This is due to the commonly held misconception that all gay or
bisexual men must want to do anal intercourse because it is seen as a
definitive "homosexual" activity. However anal intercourse is also a
heterosexual activity and is chosen by up to 4% of all 16 and 17 year old
heterosexual youth, for a variety of reasons including minimal risk of
pregnancy and leaving the hymen intact (preserving vaginal virginity), - but tragically
at their age they are not getting the information that unprotected anal
intercourse is high risk for HIV and other STI's.
(3) The vast majority of Queenslanders
misinterpret the law as meaning that 16 and 17 year old men can’t legally do any
sexual act with another man, when in fact it's just that one activity - anal
intercourse - which is not legal until they are 18. These men should at least
be empowered with sexual health education regarding other activities that are
perfectly legal for them and which are inherently low risk for HIV (for example
oral sex and mutual masturbation).
As a direct result of
the Sodomy Law, dangerously little
acceptance and support is offered to men aged 16 and 17 who might be gay or
bisexual - because they're
considered likely to want to do anal intercourse, and that's currently a
criminal activity at their age in Queensland. Therefore: They are not included
in sex education or sexual health information that is relevant to their sexual orientation.
They miss out on being accepted and supported by their peers at a crucial age
for establishing self-esteem. They are much less likely to be accepted by their
families and that is why up to a third of all our street kids are gay.
Tragically, they also run a much increased risk of suicide compared to their
heterosexual peers.
It is a matter of
extreme urgency that the Queensland Government truly equalise
the age of consent at 16 for everyone, by acting to remove the Sodomy Law. I believe
that any delay in doing so displays a lack of due regard for the health and
well-being of all
Paul Martin, Manager of the Queensland AIDS Council (now the
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".
On
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.
"I think the Sodomy Law really sucks, so what can I do?"
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
·
Hon Kerry Shine MP,
GPO
Email Attorney@ministerial.qld.gov.au
Contact details for all
current
Recent media coverage
etc:
- 20th June 2005
9:20am, ABC 612 Local Radio: Steve
Austin interviewed
John Frame for 8 minutes 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.
- 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, 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”.
- 14th Feb 2005 – approx 5:45pm The
ABC’s national youth radio network Triple-J aired a 6
minute interview 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
CLICK HERE for PRESS RELEASE re success of Love In
For Love Equality (
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
On
http://www.onlineopinion.com.au/view.asp?article=3094
My
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
Posted
by EqualRightsActivist,
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