The Age of Consent and Gay Men in New South Wales
Richard Roberts
Peter Maplestone

The Age of Consent and Gay Men in New South Wales (2001).

Summary

Richard Roberts and Peter Maplestone of the School of Social Work at the University of New South Wales undertook research into the impact of the current age of consent in the form of a comprehensive global literature review and empirical research with both young gay men and health, welfare and counselling professionals providing services to young people.

Major findings of their research were:

• There was no evidence that the unequal age of consent for young gay men provides any protection or other benefit for them. (Executive Summary at pp5-10; (Primary Arguments against Equalisation at pp31-47)
• Similarly, there was no evidence that it had any impact on the age of first sexual activity or on whether sexual activity was homosexual or heterosexual. (Primary Arguments against Equalisation at pp31-38)
• NSW health, welfare and counselling professional interview in the course of the research all reported "significant difficulties with providing information and support around sexuality issues to young gay males by virtue of the fact that they could be viewed under NSW law as aiding and abetting a criminal activity - leaving them potentially open to prosecution and de-funding". (Executive Summary at p7, Primary Arguments for Equalisation at pp53-56).
• Similarly, young gay men themselves commented on the lack of education provided to them within NSW high schools on human relationships and safe sex messages that embraced homosexuality. (Primary Arguments for Equalisation at pp55-56)
• The necessary lack of directness by health and welfare professionals was interpreted by some as "insinuating their sexuality was dirty, shameful and pathological". One young man said it made him feel like "toxic waste". (Primary Arguments for Equalisation at p56).
• 16 and 17 year old gay men are excluded from friendship networks and social contact with their slightly older gay peers who fear "innuendo and possible legal ramifications" (Executive Summary at p8; Primary Arguments for Equalisation at p56).
• The young gay men who were interviewed spoke of the stigma associated with the criminalisaton of their behaviour and the way in which it reinforced negative stereotypes about homosexuality. They did not believe it protected them in any way. (Primary Arguments against Equalisation at p33)
• Researchers the world over had found unequal ages of consent imposed impediments to health information and support and noted this occurred at a vital development stage of youth. Youths who were interviewed for this research also felt that this was a time at which they needed all the "information, support, and assistance they could get especially in a homophobic environment". (Executive Summary at p7; Primary Arguments against Equalisation at p33)

The report also compares the situation in NSW with that in other Australian states.

The Acts Amendments (Lesbian and Gay Law Reform) Act 2002 passed the Western Australia after the report was written and equalised the age of consent in that state at 16.