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 Eight - Material from Australian Royal Commissions and Government Enquiries

All of the following have made recommendations that the age of consent be equalised at 16 years of lower. No Royal Commission or Government Inquiry in the last 30 years has argued for a higher age of consent for young gay males. Wood Royal Commission 1997 In the Final Report Volume V: The Paedophile Enquiry the arguments for and against lowering the age of consent for young gay men are surveyed. Here it is contended that although any change must ultimately be debated and determined by the wider community, the Commission sees no good reason to perpetuate the current inequality nor does it suppose that any such change would, in any real terms, expose any more children to paedophile activity than at present. In arriving at this position the Commission recognised the following key factors: o The present legislation is plainly discriminatory. Generally any legislative proscription of consensual conduct "moves into shaky territory when it is based on purely moral or religious grounds" (1997: 1079). It is highly desirable that health advice, support, education not be denied to young persons because of the putative illegality of their conduct. Equalisation of the age of consent at 16 years would remove opportunities for selective policing and other corrupt practices. Model Criminal Code Officers Committee (1996) Chapter 5 of the Discussion Paper (Sexual Offence Against The Person), after noting the wholly arbitrary differences in age of consent across state jurisdictions and citing pertinent social-scientific research, presents the view of the Committee (comprised of nominees of state and federal Attorneys General) that the age of consent should be set at 16 years for all persons. The Committee states: "the inference that might be drawn from an older age of consent for homosexual contact is that homosexuality is an undesirable activity from which males should be protected and deterred. It is questionable whether this is an appropriate aim of the criminal law" (1996: 103). Model Criminal Code Officers Committee (1999) In Chapter 5 of The Report (Sexual Offences Against The Person), most probably as the result of controversy following the release of the Discussion Paper (1996), the Committee delivered a far more circumspect set of recommendations with respect to the age of consent. Here the Committee called for the age of consent to be made uniform across jurisdictions regardless of gender or sexuality or any other factor but made no specific recommendation as to what age should be set for this supposed uniform age of consent. QLD Parliamentary Criminal Justice Committee (1990) The Report into the Report of the CJC entitled Reforms in Laws Relating to Homosexuality -- An Information Paper (Report No 2, Oct 1990) recommends that the age of consent be set at 16 across the board. Royal Commission on Human Relationships (1977) In Volume 5 of this Royal Commission it was recommended that the Age of Consent be set at 15 years regardless of gender, sexuality or other factors--excepting where an offender has a relationship of trust or statutory power over the victim: here the Commission argued the age of consent should be set at 17 years. In concluding the Commission noted: "We think this approach would be a more realistic reflection of the sexual behaviour of young people and their ability to make personal decisions. At this age [16] children can leave school, get jobs and start playing a responsible role in society" (1977: 210).