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 Seven - Professional Organisations' Positions

A number of reputable domestic and international bodies have argued the case that the age of 16 constitutes a sensible age of consent across the board, regardless of gender, sexuality or other factors. The British Medical Association In 1994 the editorial of the British Medical Association's journal The Lancet (US edition) (Volume 343, Number 8891) endorsed the introduction of a non-discriminatory age of consent of 16 years in Britain. The editorial made three (now familiar) main arguments to support this stance: First, illegality prevents young gay men from seeking professional advice and from participating in community-based support groups ("important and trusted sources of safer-sex information"). Second, the bulk of studies into adolescent sexuality show that the mean age of first homosexual experience is well below 16--almost invariably with a peer within two years age difference. Finally, -- as the editorial concludes--"Parents of young homosexuals are right to be concerned about their sons, not least because of the damage to their emotional health that can arise from bigotry and discrimination". Queensland Psychologists for Social Justice This group of Queensland professionals called for the equalisation of that state's age of consent at 16 in their submission to the Criminal Justice Commission in 1989. As with the British Medical Association this submission drew on a significant amount of research and clinical experience supporting the equalisation proposition. They commented: Any distinction made in age of consent for homosexual activity and the age of consent for heterosexual activities would be discriminatory and prejudicial ... The dangers exist in any differentiation in any age of consent ... further reinforc[ing] negative social constructions and public opinion. Such legislative differentiation will ensure that young homosexuals ... will continue to face the monumental task of developing a positive self identity and acceptance of social responsibility in relation to AIDS and public health (Gallois et al 1990; cited in Bull et al 1991) In addition, domestic organisations including The South Australian Police Force; The Child Health Council of South Australia; Westmead Hospital and Community Health Services (NSW); The Federation of Community Legal Centres; and The National Children and Youth Law Centre all made submissions to the Model Criminal Code Officers Committee favouring equalisation of the age of consent at 16 years regardless of gender, sexuality or other factors across all state jurisdictions (Model Criminal Code 1999). Since the 1960s only one European Commission has proposed a higher age of consent for male homosexuals. The majority of Commissions recommended across the board equalisation at 14 years, three recommended equalisation at 15 years and just one recommended equalisation at 16 years. Moreover many reputable European professional, academic and religious associations have called for an across the board age of consent set at 14 years. They include: The German Sexological Association The Howard League for Penal Reform (UK) The National Council for Civil Liberties (UK) The Catholic Youth Council (The Netherlands) The Dutch Bar Association The British Criminological Society (Graupner 1999).