No bias in Romeo and Juliet clause
Gay teen lovers will be treated the same as their straight counterparts in new discretionary powers to dismiss cases of unlawful underage sexual activity, the Office of Public Prosecution has confirmed.
The new policy, known internationally as a Romeo and Juliet clause, uses the gender-ambiguous term -œboyfriend/girlfriend in the Victorian OPP guidelines, but will not discriminate on gender.
Implemented in December last year, the discretionary clause allows the OPP to discontinue some prosecutions relating to sexual offences if deemed not in the -œpublic interest and only if the case meets certain criteria.
According to the OPP, the clause is directed at situations where the complainant is underage and the charge is sexual penetration of a child under 16 by a boyfriend or girlfriend.
An OPP spokeswoman said where the subheading -œboyfriend/girlfriend appears, the clause is in fact gender-neutral.
-œThe policy is gender-neutral and will be applied on a case by case basis depending on the circumstances of the case, the spokeswoman said.
-œCases do arise where circumstances make it not in the public interest to prosecute in such situations, but the facts and circumstances of each case must be considered.
Was there any reason to think it wouln’t?