Consent & Legal Sexual Activity for the State of
26th October 2007 Email to Premier Anna Bligh re her ABC Radio 612 declaration, earlier this day, that her Government is not even considering the issue of Equal Age Of Consent Reform.
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.”
----- Original Message -----
From: John Frame
Sent: Friday, October 26, 2007 12:19 PM
Subject: Anna Bligh answer on Madonna King show 26th Oct '07
To: Premier Anna Bligh ThePremier@premiers.qld.gov.au
C.c. to: Peter
Dear Ms Bligh,
I listened with hope to your session on today's
Madonna King program on ABC612. The reason for that hope was that I knew that
19 year old Taringa resident Peter R****** would
be phoning in to ask you a question regarding reform of
Peter had sent me a copy of the 24th September 2007 email which he sent to yourself and to the Attorney-General.
So you ought to be aware that Peter is a 19 year old gay man in a 2 year relationship with an 18 year old man. Peter has advised you that he has personally experienced some of the severe negative consequences of the current law.
I was therefore horrified to hear you instantly dismiss his question, when - in just one line - you quoted the "no plans for reform" line which has been repeated - without any qualification - over the last few years by former Premier Peter Beattie and by the last four Attorneys-General.
You might as well have reached through the phone line and slapped Pete R******'s face. Our state's youth deserve more respect than this - they also deserve to be valued enough to be treated with equity.
The two Equal Age Of Consent questions which needs to be answered with urgency are:
1. "Exactly what are the specific reasons for the Queensland Government's failure to enact a truly equal age of consent, especially in light of the specific July 2005 recommendation (as repeated in full further below) by its Anti-Discrimination Commissioner that urgent action was necessary.
2. "Considering that it has been at least three years since every other Australian state and territory enacted a truly equal age of consent, by which year will Queensland finally allow that same vital act of equal support and protection for youth?
I still hold some hope that you will answer these questions in sufficient detail, and I welcome your reply.
Ph: 07 3350 1562 / mobile: 0409 501 561
----"There is no substitute for equality"----
15th July 2005 Letter from
The Commissioner concludes by stating that “It is now imperative that
Anti Discrimination Commission
Our Ref: E/0009
15 July 2005
The Honourable Rod Welford MP
Attorney-General and Minister for Justice
DISCRIMINATION ON THE
BASIS OF SEXUALITY -
I write in support of various community organisations and individuals who are seeking the repeal of
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.
The research provides a clear message. It is now
These legislative changes will ensure that
Anti-Discrimination Commissioner Queensland
Cc The Honourable Peter Beattie MP
Premier and Minister for Trade
Cc Mr John Frame
WAVELL HEIGHTS QLD 4012
Cc. Action Reform Change