Campaign for Age Of Consent awareness & removal of The Sodomy Law in Queensland

A detailed website resource regarding Age Of Consent and Legal Sexual Activity for the State of Queensland, Australia. A campaign which 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 current law especially reinforces homophobic oppression of same sex attracted male youth, tainting them as likely criminals, and also acts to obstruct vital safe sex education. This campaign aims 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" (Sections 208 and 209 of the Criminal Code 1899) - punishable with up to 14 years imprisonment.

what the law means...an easy to read pamphlet...a brief story of the campaign so far...the need for community action...homosexual law reform history in Qld...Government legislation referencesCorrespondence Summary List...   

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

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.

The Proposal:

 

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 Queensland:

 

  • Since 2003 Queensland has been the only Australian State or Territory which does not have a truly equal age of consent. The current law sets a minimum age of 16 for vaginal intercourse, but also sets an unjustified higher age of 18 for "sodomy" - which is defined by the Courts as carnal knowledge through anal intercourse. There is no supportable reason for anal intercourse to be listed as a separate offence to carnal knowledge

 

  • 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.”

 

  • 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.

 

 

  • Queensland Labor’s official Policy Platform (Section 7.9 of the Justice and Governance Chapter)  has, since at least 2008, been: "7.9 Labor will ensure uniformity of age among laws relating to the age of consent for lawful sexual activity;"

 

  • 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 Queensland law continues to define them as criminals.  

 

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:

http://www.ag.gov.au/www/agd/rwpattach.nsf/VAP/(03995EABC73F94816C2AF4AA2645824B)~modelcode_ch5_sexual_offences_report.pdf/$file/modelcode_ch5_sexual_offences_report.pdf

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 Queensland:

 

 

 

 

 

Recent developments:

October 2008: Qld's "Sodomy Law" was worsened rather than deleted 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  

 

 

AUDIO INTERVIEWS:

·  14th Feb 2005 – approx 5:45pm, The ABC’s national youth radio network Triple-J 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 Brisbane studios.

·  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.

·  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, 5.4mb) 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.

 

 

 

VIDEO INTERVIEW:

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 Brisbane premises. John is interviewed by Eileen Surepuss about the need for urgent equal age of consent reform in the state of Queensland, Australia.

 

Why is John Frame personally interested in this issue?

 

I’m 53 years old, contentedly gay, and I’ve spent fully fifteen years (1993 to 2008) actively involved in community support through the Lesbian/Gay/Bisexual/Transgender specific Queer Radio program on Brisbane’s community radio 4ZZZ fm. My interest in equal age of consent reform is purely humanitarian. When I was 16 and 17 ALL male to male sex was illegal in the whole of Australia. Homosexual sex still happened, regardless of the law, but with next to no sex education and certainly no safe sex education. There was also active homophobic oppression.

 

There was notable improvement in November 1990 when law reform was enacted to “decriminalise” (i.e. rather than legitimise) sex between men. However, because the Goss Labor Government was not brave enough to follow their Parliamentary Committee’s specific recommendation for true equity at age 16, Queensland’s same sex attracted youth aged 16 and 17 continue to remain exposed to active discrimination and oppression, to a lack of inclusion, and to a life-threatening lack of safe sex education.

 

In September 2008 mainstream media reported a sudden staggeringly high incidence of suicide in rural Queensland youth. It is to the Bligh’s Government’s eternal shame if even one young life has been lost due to their petty and unsupportable intransigence.

 

 

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 Brisbane man’s question on when Equal Age of Consent Reform would happen. I knew that Peter would be calling, so I listened with some hope that our new Premier might have a more compassionate attitude: Hear the audio (30secs, 350k mp3)

 

 

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.

 

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 Queensland Member of Parliament. The DVD-Video offers six statements from highly reputable and relevant persons who all support urgent equal age of consent reform, and whose combined statements form a compelling argument.

 

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).

Equal Age Of Consent DVD cover art

 

The June 2007 edition of Queensland Pride magazine opened with a page 3 feature article on this DVD project – written by QP’s Editor Iain Clacher:

 

mini image of QP article with link to detailed file(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 Queensland. Recorded 27th April 2007. (1:00) Read transcript.

   

 

(2) Paul Martin, General Manager, Queensland Association for Healthy Communities. Recorded 21st February 2007.(5:30) Read transcript.

   

 

(3) Shelley Argent, President, Brisbane Parents and Friends of Lesbians And Gays. Recorded 22nd February 2007. (6:50) Read Transcript.

   

 

(4) Rodney Goodbun, Representative, Action Reform Change Queensland. Recorded 1st March 2007. (7:18) Read transcript.

   

 

(5) Felix Kellett, anchor presenter of Queer Radio on 4ZZZ fm 102.1. Recorded 10th March 2007. (9:41) Read transcript.

   

 

(6) Tim Klein, Psychologist and Psychotherapist. Recorded 17th April 2007. (9:18)   Read transcript.

 

 

 

There are also valuable references in a January 1991 report from the Australian Institute of Criminology on Homosexual Law Reform in Australia:

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 Queensland academics argue further:

...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 Queensland will continue to face the monumental task of developing a positive self identity and acceptance of social responsibility in relations to AIDS and public health (personal communication to the Honourable Wayne Goss from Gallois, North, & Raphael 1990).

 

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 West Australia was equalised at 16 for all genders and for all consenting sexual activities – before that it was a minimum of 21 for any male to male sexual contact. In the lead up to the most recent West Australian election a declared policy of the state Liberal Party was that they would, if elected, raise the homosexual age of consent to 18 (clearly imitating the conservative politics which persist in Queensland). The West Australian Labor Party was returned with an increased majority – proving that the oppression of homosexuality is not a vote winner with a compassionate public.



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.

 

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 Queensland, Australia we have the unfortunate distinction of maintaining our nation's only "sodomy law" - which makes anal intercourse an illegal activity for anyone under 18 (whereas the age of consent for everything else is 16). Any offender faces up to 14 years imprisonment. The law impacts severely on gay and bisexual youth by denying them relevant inclusion in relationships and sexual health education. Experts acknowledge that homosexual sexual activity will happen regardless of the law (and that young males do lots of sex) - and that sodomy laws protect no one, while making some people criminals. The sodomy law also impedes delivery of safe sex education - and our state's HIV infection rates continue to climb.

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.

 

Go to the finalised Parliamentary E-petition

A Queensland Government Parliamentary E-Petition (Number 421-05) for Criminal Code Law Reform went online on 1st February 2005. The E-petition closed on 31st July 2005 with a substantial total of 740 signatories. It was tabled in Parliament on 9th August and referred to the Attorney-General on the 10th August 2005.

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. 


QUEENSLAND ANTI-DISCRIMINATION COMMISSIONER CALLS FOR URGENT SODOMY LAW REFORM:

On 15th July 2005  Queensland's Anti-Discrimination Commissioner Susan Booth wrote to the Attorney-General to confirm an opinion which she had previously expressed face-to-face with Mr Welford: that Queensland’s Sodomy Law “discriminates on the basis of sexuality. These provisions of the Criminal Code are inconsistent with the object of the Anti-Discrimination Act 1991 to promote equality for everyone and protect them from unfair discrimination, and the premise upon which the legislation was enacted, namely, that everyone should be equal before and under the law and have the right to equal protection and equal benefit of the law without discrimination.”

The Commissioner concludes by stating that “It is now imperative that Queensland remove the age difference for lawful heterosexual and homosexual sex between consenting sexual partners. These legislative changes will ensure that Queensland law is consistent with the International Covenant and local discrimination law, it will reflect contemporary realities of society, and assist in addressing the increase in HIV infections.”

(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 of the Criminal Code 1899) - punishable with up to 14 years imprisonment.

Definition of “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 is the Sodomy Law 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.


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 Queensland youth.

 

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 5th May 2005 Queensland Health issued a press release expressing great concern that HIV infections in Queensland had increased by nearly 20% in 2004 from the previous year. A consequent press release by the Queensland AIDS Council stated that annual HIV infections have effectively increased by 40% since 2001.


Queensland's former Premier Beattie (who held office from 20th June 1998 to 13th September 2007) had verifiable first-hand awareness of the need and justification for reform of the Sodomy Law:

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 Queensland

P0 Box 185 Brisbane Albert Street           
Queensland 4002 Australia
Email ThePremier@premiers.qld.gov.au

 

·         Hon Cameron Dick MP, Queensland Attorney-General

GPO Box 149 Brisbane

Queensland 4001 Australia

Email Attorney@ministerial.qld.gov.au

 

Contact details for all current Queensland Members of Parliament are available via: http://www.parliament.qld.gov.au/view/legislativeAssembly/members.asp?area=members&LIndex=1&Subarea=members

 


Recent media coverage etc:

CLICK HERE for PRESS RELEASE re success of Love In For Love Equality (13th Feb ’05)


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 University of Queensland Student Union. The article tells the accurate story of Queensland ’s Sodomy Law, past and present, and calls for student support to demand action. It includes an interview with a very reticent representative of the state Attorney General.

 

On 7th March 2005 Rose Cooper authored a fine article on age of consent for Australia’s “ON LINE opinion” forum site:

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 NORMAL. It may not be as commonly expressed as opposite gender attraction, but it is no less innate and natural - and seldom "chosen". The only moral "choice" is whether or not to be honest with family, friends and workmates - instead of pretending to be either sexless or heterosexual.

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 Queensland, however, we have the only Sodomy Law in Australia and that law effectively blocks the delivery of safe sex education for 16 and 17 year olds. The age of consent is 16, but a separate law bans anal intercourse until 18. The Sodomy Law was enacted when sex between men was “decriminalised” in 1990 and was clearly meant to limit sexual activities for male youth (though it is an equally common heterosexual activity).

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, Thursday, 10 March 2005 4:15:48 AM


Linked to the buttons below are: Details of the current Queensland sodomy law; how it adversely affects youth; why it should be removed; full legislation references and history; and full campaign correspondence details.

what the law means...an easy to read pamphlet...a brief story of the campaign so far...the need for community action...homosexual law reform history in Qld...Government legislation referencesCorrespondence Summary List... 

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