*Age Of Consent & Legal Sexual Activity for the State of Queensland, Australia - A campaign to remove our Sodomy Law (which was enacted in 1990).

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15th July 2005 Letter from Queensland Anti-Discrimination Commissioner Susan Booth to  Attorney-General Rod Welford and to  Premier Peter Beattie declaring 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.”


For jpg images of the ADCQ Commissioner’s letter (an official copy) go to:

ADCQ Commissioner letter 15/7/05 page 1 of 2 (jpg 156k)

ADCQ Commissioner letter 15/7/05 page 2 of 2 (jpg 80k)

 

ADCQ

Anti Discrimination Commission

Queensland

Our Ref: E/0009

 

15 July 2005

 

The Honourable Rod Welford MP

Attorney-General and Minister for Justice

GPO Box 149

BRISBANE OLD 4001

 

Dear Attorney-General

 

DISCRIMINATION ON THE BASIS OF SEXUALITY - QUEENSLAND'S SODOMY LAWS

 

I write in support of various community organisations and individuals who are seeking the repeal of Queensland's Sodomy laws.

 

The provisions of the Criminal Code which impose different minimum ages at which persons can lawfully participate in sexual intercourse are inconsistent with the objects of the Anti-Discrimination Act 1991.

 

The real effect of the Code that makes vaginal intercourse unlawful for a person aged under 16 years, and anal intercourse unlawful for a person aged under 18 years is to treat homosexual males differently to heterosexual males and females. It therefore 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.

 

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.

 

As well, the statistics recently released by Queensland Health and the research of Melbourne's La Trobe University indicate that homosexual males under the age of 18 are sexually active, many are not practicing safe sex, with an increased incidence of HIV infection. Queensland's sodomy laws essentially criminalise the consenting sexual activity of 16 and 17 year old same sex attracted youth. With now clear evidence of increasing risk of infection in this age group, a law which criminalises their sexual activity (but not their straight friends) should be repealed. Any law that may contribute to an unwillingness to disclose that they are members of this high risk group should be repealed on health grounds alone.

 

The research provides a clear message. 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.

 

Yours sincerely

 

SUSAN BOOTH

Anti-Discrimination Commissioner Queensland

 

 

Cc                             The Honourable Peter Beattie MP

                                    Premier and Minister for Trade

                                    P0 Box 15185

                                    CITY EAST QLD 4002

 

Cc                               Mr John Frame

                                    82 Main Avenue

                                    WAVELL HEIGHTS QLD 4012

 

Cc.                              Action Reform Change Queensland

                                    PO Box 3142

                                    South Brisbane Business Centre Qld 4101