Push to tackle age of consent law
There is a new, concerted effort to convince Queensland’s Labor Government to amend age-of-consent laws that unfairly discriminate against gay men in the state.
A Change.org petition has been set up, appealing to the Bligh Government to take reform action in early 2012 while it still holds the parliamentary majority.
In 1990, the Queensland State Caucus amended the Criminal Code and the Criminal Law (Sexual Offences) Act 1978-1989 to decriminalise consensual sexual activity between adult males in private.
It approved the introduction of appropriate legislation, setting the age of consent at 18, Queensland’s age of consent is 16 for heterosexuals (for oral and vaginal sex), but anal intercourse (aka sodomy) involving any person (male or female) aged under 18 is a criminal offence under the so-called Sodomy Law, section 208 of the Criminal Code 1899.
It’s punishable by up to 14 years imprisonment.
Queensland remains the only state or territory in Australia which does not have an equal age of consent.
The Bligh Government has so far refused to debate the issue, while the Liberal National Party has stated it has no plans to change the laws if it wins government.
Queensland Association for Healthy Communities (QAHC) general manager Paul Martin said the laws contribute to the poor mental health and increased rates of suicide in young gay men.
“Symbolically, the Government and the state of Queensland believe anal sex is so heinous that young people have to be thrown in jail for 14 years for doing it,” Martin said.
“That sends a destructive message to young gay men, particularly at a time when they’re coming to terms with their sexual orientation.”
Martin said he believed the discriminatory laws also put unnecessary pressure on health service providers and educators.
“Young people are unclear about whether they can access sexual health services and be open about their sexual behaviour for fear of being reported and people who work with young people such as teachers and youth workers can be unclear about whether they’re allowed to talk to young people about anal sex,” he said.
“They’re also unclear as to whether they should report that given a young person has admitted they have done something illegal.
“It reduces the access of young gay men to sexual health information just at the time when they need the information most.”
Martin said the issue was part of an agenda that QAHC set out for the election and was presented to Labor, LNP and the Greens.
Sign the petition here.
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Queensland can not pass a law on daylight savings, let alone age of consent law reform.
Greece, Chile, Bermuda and Canada also have unequal age of consent laws as well. Please do not just pick on Queensland! Queensland is not the only one! Notice also they only target gay males and not lesbians?
Greece age of consent is now equal under the same sex union legislation of Greece.
Wow Queensland is stuck in the 17th century on social justice issues. Not only do we southerners mock Queenslands on the lack of daylight savings, but silly stupid laws on anal sex, keeping the draconian gay panic defence, no expungement scheme for consenting gay male couples on criminal records prior to 1991 and banning adoption of children by gay couples – really does take the cake!
Queensland is one of only two nations in the world that has a very strange anal sex law (section 208 of the QLD Criminal Code 1899), the one being Canada (section 159 Canada Criminal Code).
[…] the only state in Australia with a discrepancy between the age of consent for vaginal and anal sex, a law that disproportionately affects young gay […]
why should 16 year olds be allowed to have sex?most of them havent got car licences and dont have the right to vote and arent school leavers, what kind of message is that ?
everyone should have age of consent in australia raised to 18 or even 20 better for the young people, better for the economy
Raising the age of consent to 18 or 20 is a very silly and stupid idea. I have a good idea, Queenslands age of consent should be at 17 for everyone, regardless of vaginal or anal sex and because 17 is an adult in Queenslands criminal law – it would be in-line and more consistent too! Currently in Queensland the age of an adult under criminal law is 17, the age of consent for vaginal sex is 16 and the age of consent for anal sex is 18! Talk about confusion! Both Ireland and Cyprus, both TAS and SA in Australia and a few US states have an age of consent set at 17!
This isn’t an issue of sexuality, of unfairly discriminating against gay men.
This is unsubstantiated discrimination of sexual practices. If a straight couple can have vaginal intercourse at 18 then whey can they not have anal sex?
If anything this smells like a bigotted attempt at discriminating against gay men but people need to realise, not all gay male couples have anal sex and that straight couples can and do have anal sex.
The Change.org petition is open to any person in the world to join – it’s quick and easy: http://www.change.org/petitions/help-support-vital-equal-age-of-consent-reform-in-queensland-australia
Queensland is leaving thousands of youth at risk, while also dragging Australia’s international reputation down. Every Australian should be in strong support of equal age of consent reform in Queensland.
This is an excellent article all round. Beautifully written – Drew Sheldrick concisely includes all of the relevant facts, plus apt informed comments from Paul Martin, General Manager for QAHC (Qld Assn for Healthy Communities).
I’m very happy to see Star Observer, the highly respected nationally distributed newspaper, bringing this important issue to the attention of the nation. Many thanks.