Tuesday 20 October 2009














The inequality

For gay women and heterosexual males and females the age of consent in Queensland is 16. But for gay men intercourse involving any person aged under 18 is a criminal offence under Sections 208 and 209 of the Criminal Code 1899. This is punishable with up to 14 years imprisonment.

Since 2003 Queensland is the only Australian state or territory which does not have a truly equal age of consent .

The effect

Apart from imprisonment of up to 14 years - the law also impedes vital safe sex education to 16 and 17 year olds on sexual activity which is to be considered to be very high risk for HIV if practised without the proper use of condoms.

Research has shown that a majority of young gay men are aware of their sexual orientation by the age of 16 and are sexually active at a younger age than their heterosexual peers.

The law reinforces discrimination and bullying of young gay men who are at a higher risk of self-harm, depression and suicide.

Labor's failure

The Fitzgerald report and the 1990 PCJC Committee reporting on Reforms in Laws Related to Homosexuality recommended an equal age of consent: "The age of consent for homosexual acts in accordance with the principles of sexual equality and anti-discrimination be the same for males as it is for females, irrespective or whether the sexual act is heterosexual or homosexual."

Queensland Labor's own Policy Platform has stated that they 'will ensure uniformity of age among laws relating to the age of consent for lawful sexual activity."

Despite this and the Queensland anti-discrimination commissoner, Susan Booth, supporting an equal age of consent, Labor has done nothing.

What can you do?

Email for Equality

On November 16 we will encourage everyone involved with 'Equality@16' to email Premier Anna Bligh, Attorney-General Cameron Dick and your local state MP asking for an equal age of consent.