Bill Would End Age Of Discrimination
Newcastle Herald
Thursday May 22, 2003
EQUALISING the age of consent to 16 for all NSW citizens, regardless of gender or sexual orientation, is about making the law relevant for young people.
It's about removing a blatant piece of state-sanctioned discrimination against young men just because they are gay.
There is no valid reason why young gay men should be treated any differently from their heterosexual and lesbian peers.
All credible research into the unequal age of consent, the most recent of which was undertaken by the University of NSW in 2001, has found that an unequal age of consent offers no protection or other benefit to young men.
In fact, the discriminatory age of consent is actually harmful to young gay men because it prevents them from accessing vital educational, health and welfare information.
It also provides tacit support to homophobia, adding to the oppression of young gay men who already face very high levels of suicide and depression because of discrimination and societal pressure.
By setting the general age of consent to 16, the law already recognises that men and women can consent to sex at 16 and 16- to 17-year-old gay men are just as capable as their heterosexual and lesbian peers of reasoned consent to sexual activity.
There is no evidence whatsoever that indicates young males mature any differently from young females.
All the research shows that the age of consent does not affect when young men have sex they do so when they feel they are ready and this is usually from the age of 16 onwards.
We also know that young gay men generally have sex with other young men. We need to ensure that these young men make informed choices and are able to talk to teachers, doctors and counsellors about their decision to have sex.
Some opponents to the bill have suggested raising the age of consent for everyone to 18.
However, the recent Australian Study of Health and Relationships, the largest and most comprehensive survey of sexuality ever undertaken in this country, found that young people are having sex at 16 and that they are having sex with other young people. Raising the age of consent to 18 would make criminals of those young people already having sex and prevent them from getting education, health and welfare information.
Raise the age of consent to 18 and you can expect a rise in unwanted pregnancies and sexually transmitted infections.
Opponents to equalising the age of consent suggest that there will be an increase in child sex abuse. That is an irrational and homophobic attack.
The age of consent is about consensual sex it has nothing to do with child abuse or pedophilia. No one would suggest that a man having sex with a 17-year-old female is pedophilia, nor would they suggest a woman having sex with a 17-year-old male is pedophilia.
The Woods Royal Commission, which paid particular attention to child protection, recommended an equal age of consent and stated that equalising the age of consent would not expose children to pedophile activity.
The Attorney-General has rightly sought to reassure any suggestion that children will not be protected by substantially increasing the child protection offences and penalties.
The new law will also eliminate the existing defence of mistaken age, ensuring an absolute minimum age of 16.
If those people opposed to equalising the age of consent on the grounds of child protection were genuinely serious about protecting children in NSW, they would support this bill.
The unequal age of consent does not protect young gay men. It makes them criminals. It puts their health and welfare at risk and contributes to their high rates of suicide.
The age of consent is equal in all the other states of Australia and the sky has not fallen in those states.
It's about time we ensured a fair go for everyone in NSW.
Rob McGrory and Somali Cerise are co-conveners of the Gay and Lesbian Rights Lobby NSW.
© 2003 Newcastle Herald