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AGE OF CONSENT: Frequently asked questions.

RESOURCES

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Research by UNSW on the impact of the unequal age of consent on young men is available at www.glrl.org.au

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FACT SHEET: Age of Consent

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Age of consent

In NSW, the law does not treat everybody the same
The age of consent for gay men in NSW is 18 while heterosexuals and lesbians are able to consent to sex at 16. There are a number of other differences in how the law deals with sex between men. This is a leftover from when sex between men was illegal.
NSW has the most draconian laws of any Australian State or Territory on this issue.

The law is different for gay men

• The age of consent of 18 is two years higher than the age for all other people.
• It is not tied to when a person is capable of consenting. By setting the general age of consent at 16, the law already recognises that men and women can consent to sex at 16.
• A gay man can be convicted even if he genuinely thought his partner was over 18 and this was a reasonable mistake. Reasonable mistake is a defence for other people.
• The penalties are harsher than for other people, even if the younger man is over 16 (the age of consent for all other types of sex).

These discriminatory provisions are unnecessary

There are 2 complete sets of provisions in the criminal law in NSW dealing with the sexual activity of young people. The first set is gender neutral and criminalises sexual activity with young people under 16. They apply to sexual activity with both boys and girls and protect each equally. The second apply only to sexual activity between males.
Current laws criminalise the sexual activities of 16 and 17 year old gay men. They do not protect them.

Why support an equal age of consent?

• It ensures the law treats everyone equally.
• Young men do not get vital health information because their conduct is illegal. Young men need advice about safe sex to prevent the spread of HIV/AIDS and other health problems.
• These discriminatory laws affect young men’s self-esteem, increasing the risk of depression and suicide.
• The current laws about sex between men are not about protecting children. In fact a minor who has sex with an adult may be subject to harsh criminal penalties. Children are protected by gender neutral laws that protect both boys and girls. We support the protection of children and the gender neutral laws that already do that.
• The Model Criminal Code Officers Committee of the Standing Committee of Attorneys General, which paid particular attention to offences against children, recommended a uniform age of consent.