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

RETURN to opening page

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.

Government legislation references…

The Queensland Government’s legislation references are contained in these Adobe Acrobat pdf files:

• The debate on the original Bill which enacted the “decriminalisation” of homosexuality in Queensland:

(1) The introduction of the Criminal Code And Another Act Amendment Bill on 21st November 1990 is at:  Hansard pages 5023 – 5026 (pdf file)

(2) The heated debate and eventual 3rd reading (passing) of that Bill on 28th November 1990 is at: Hansard pages 5474 – 5522 (pdf file)

• As per http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CriminLwSexOA78.pdf (page 15):

Criminal Code and Another Act Amendment Act 1990 No. 93:

date of assent 7 December 1990

commenced 19 January 1991 (proc pubd gaz 19 January 1991 p 174)

· The Current Criminal Code with amendments is at: http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CriminCode.pdf

In that current version of the Criminal Code you’ll find:

(1) The definition of the minimum age of consent as 16 years in Chapter 22 “OFFENCES AGAINST MORALITY” Section 215.

(2) The Sections defining “sodomy” as illegal for any person under 18 years of age in Chapter 22 “OFFENCES AGAINST MORALITY” Section 208.

· Guidelines for how the Sodomy Law is prosecuted in our courts is contained in the:

QUEENSLAND SUPREME AND DISTRICT COURT BENCHBOOK on pages 148, 149 and 150.

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/current%20series/tandi/21-40/tandi29.aspx

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.”

Last updated 4^th November 2010