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Points to consider for an equal age of consent

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GAY & LESBIAN RIGHTS LOBBY (NSW) Inc.
PO Box 9
Darlinghurst NSW 1300
Australia
ph: + 61 2 9360 6650
fx: + 61 2 9331 7963
email: glrl@glrl.org.au
web: www.glrl.org.au

Take Action On Age of Consent!

Points to consider for an equal age of consent

• The age of consent for gay men in NSW is 18 while heterosexuals and lesbians are able to consent to sex at 16. NSW has the most draconian laws of any Australian State or Territory on this issue.
  
• The unequal laws encourage discrimination and stigmatise young gay men. This undermines anti-discrimination laws. They also legitimise violence against gay men and lesbians.
  
• The current law is not tied to when a person is capable of consenting. By setting the general age of consent at 16, the law already recognises that men and women can consent to sex at 16.
  
• Current laws criminalise the sexual activities of 16 and 17 year old gay men. They do not protect them.
  
• An equal age of consent ensures the law treats everyone equally
  
• Young men do not get vital health information because their conduct is illegal. Young men need advice about safe sex to prevent the spread of HIV/AIDS and other health problems. Also, 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 unequal 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.
  
• The current laws about sex between men are not about protecting children. In fact a minor who has sex with an adult may be subject to harsh criminal penalties. Children are protected by gender neutral laws that protect both boys and girls. We support the protection of children and the gender neutral laws that already do that.
  
• The Model Criminal Code Officers Committee of the Standing Committee of Attorney?s General, which paid particular attention to offences against children, recommended a uniform age of consent.
  
• 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.