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

FACT SHEET: Age of Consent

Frequently asked questions

I dont want my son to have sex, dont the laws stop him?

Many young men are sexually active before they turn 18; many also choose not to be. Equalising the age of consent will not increase the number of teenagers having sex but it will make sure teenagers are not unnecessarily made into criminals. At the moment young men can go to goal for having sex with other young men.

But dont older men prey on young boys?

Both boys and girls can be subject to abuse. Its important that laws protect them and the gender neutral laws relating to sex with minors already do that.
are the laws the same everywhere?
No, most States have an equal age of consent. Many have had an equal age of consent for many years without this causing anyone any concern. Equalising the age of consent will bring New South Wales' laws into line with the majority of Australian States

How severe are the penalties for young men?

They can be harsh. If it has happened on 3 separate occasions, he is liable to up to 25 years in prison. If an 18 year old has sex with a 17 year old he is liable to a much greater penalty than if he assaulted him. And the younger man can also be charged.

Are there other effects?

These unequal laws encourage discrimination and stigmatise young gay men. This undermines anti-discrimination laws. They also legitimise violence against gay men and lesbians.

Will this make it easier for young people to get health advice?

Yes. Sometimes young men avoid health care because they are worried that what they are doing is against the law. Education programmes that promote safe sex and prevent HIV/AIDS can not target young gay men because this could be seen as promoting criminal activity. The age of consent also makes it difficult for young gay men to access support and counselling services. Young gay men are at higher risk of suicide so this is of particular concern. Additionally, the risk is increased by the negative impact on self-esteem of this inequality and the discriminatory attitudes that it supports. Health professionals generally oppose an unequal age of consent.

What does the general community think?

There is broad community support for equality before the law and an equal age of consent. After 3 years of community consultation, Justice Woods recommended an equal age of consent would better reflect community standards. Other supporters of an equal age of consent include the National Youth Roundtable, the NSW Anti-Discrimination Board, Law Society, Family Planning Association, Parents and Friends of Lesbians and Gays, and the Parents and Citizens Association.