Acknowledgements

Executive Summary

Introduction

The Research Process

NSW Age of Consent legislation

Homosexual Age of Consent in Australia

Homosexual Age of Consent worldwide

Primary arguments against equalisation

Primary arguments in favour of equalisation

Professional organisations’ positions

Material from Australian Royal Commissions and Government
Enquiries

Conclusions

Bibliography

Thematic list of references

MAJOR REPORT - 2001

THE AGE OF CONSENT
AND GAY MEN IN NEW SOUTH WALES

Section Four - Homosexual Age of Consent Worldwide

Table 1 sets out for a selection of nations the age at which persons of different sexual orientation are able to have sex legally. Obviously, it is not a complete list. It should be noted that some nations use the term "age of sexual consent"; others the "age of consent" and, in some cases, the "age below which one can be convicted of statutory rape". Where two different ages have been displayed side by side this is to denote that sexual activity at the lower age is legal provided the younger person makes no subsequent complaint. Also in certain countries persons may participate in certain acts under certain conditions (most often legal marriage) without either they or their partners committing an offence (Age of Consent 2001). Only nations where homosexuality does not constitute a criminal offence are listed. Nations listed with an asterisk have a homosexual age of consent the same or higher than NSW. Of the 50 nations reported only seven have an age of consent for homosexual men at or above the current provisions in NSW. These nations are Austria (18), Burkina Faso (21), Kosovo (18), Liechtenstein (18), Mexico (18), Serbia (18), and Turkey (18). Table 1 Age of Consent by Country

Country M/F Sex M/M Sex F/F Sex
Albania 14 14 14
Andorra 16 16 16
Argentina 12/15 12 12/15
Aruba 16 16 16
Austria* 14 18 14
Belarus 16 16 16
Belgium 16 16 16
Bosnia 16 16 16
Brazil 14/18 14 14/18
Bulgaria 14/15 14 14/18
Burkina Faso* 13 21 21
Canada 14 14 14
Colombia 12/14 14 174
Croatia 14 14 14/18
Czech Republic 15 15 15
Denmark 15 15 15
Estonia 14 16 16
France 15 15 15
Germany 14/16 14 14/16
Greece 15/17 17 15/17
Guadelope 15 15 15
Honduras 14 14 14
Iceland 14 14 14
Ireland 17 17 17
Israel 16 16 16
Italy 14 14 14
Japan 13 13 13
Korea 13 13 13
Kosovo* 14 18 14
Liechtenstein* 14 18 14
Luxembourg 16 16 16
Malta 12/18 12 12/18
Martinique 15 15 15
Mexico* 12 18 18
Monaco 15 15 15
Montenegro 14 14 14
Netherlands 12/16 12 12/16
New Zealand 16 16 16
Norway 16 16 16
Poland 15 15 15
Russia 14/16 14 14/16
San Marino 14/16 14 14/16
Serbia* 14 18 14
Slovakia 15 15 15
Slovenia 14 14 14
Spain 13 13 13
Switzerland 16 16 16
Turkey* 15/16 18 18
Ukraine 16 16 16
U.K 16 16 16

In the international context we can see that nearly all of the OECD-type nations, all of the Western European democracies, and the majority of the former communist states in Eastern Europe and the Balkans exhibit significantly more progressive homosexual age of consent measures than NSW.