*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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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.
What The Law Means…
The true interpretation of current Queensland law in regard to AGE OF CONSENT
& LEGAL SEXUAL ACTIVITY is that:
In
Queensland, men or women must be aged 16 and over to legally consent to engage
in sexual activity, HOWEVER anal intercourse ("a penis entering an
anus” – or the attempt to do so) involving anyone aged under 18 is a
criminal offence - punishable with up to 14 years imprisonment. Consent is not
accepted as a defence.
The
official definition of the word “sodomy”:
"Under Queensland Law,
"sodomy" refers to the act of carnal knowledge (sexual intercourse)
by anal intercourse. In other words, penetration of the anus
by a penis." This is a direct quote from
a letter by former Attorney General Hon. Matt Foley MP dated 5th September 2000 which
further defined details of his letter dated 5th May 2000.
Attorney-General Hon. Rod Welford MP confirmed his predecessor’s definition on 21st May 2001 and Premier Peter Beattie also stated
his agreement when interviewed on 15th June
2001.
How the Sodomy Law is
prosecuted in Queensland
courts:
Guidelines for
the judiciary are contained in the QUEENSLAND SUPREME AND DISTRICT COURTS
BENCHBOOK on pages 148, 149 and 150. It is important to note that Queensland
Courts specifically do not consider “consent” to be a defence
under the Sodomy Law.
Last updated 17
February 2012