<< back to archive index Speeches Regarding Bills Date: 21st May Subject: Crimes (Sexual Offences) "Age of Consent" Bill 2003 From Hansard The Hon. Dr ARTHUR CHESTERFIELD-EVANS: "I support the legislation and congratulate the Government on somewhat belatedly doing what should be done. The Australian Democrats believe in removing all forms of inequality in society at a legislative level. Unfortunately, many forms of inequality remain. We want to get rid of those that are codified in statutes. My role as a legislator is to be aware of such inequality and injustice, make Parliament aware of them, and work towards developing solutions. The Democrats have always taken a prominent role in removing such inequities. My predecessor, Lis Kirkby, introduced legislation in this House that extends to same sex couples in de facto relationships the same superannuation rights enjoyed by heterosexual couples. I introduced equal age of consent legislation to force the Government to take action. This Cabinet-approved version of the bill will effectively equalise the age of consent for males, heterosexual or homosexual, at 16. The bill intends to repeal certain provisions that apply solely to male homosexual intercourse so that certain sex crimes perpetrated by a person against another person will be dealt with on the same basis, irrespective of the sex of the perpetrator or the victim. The bill will increase penalties for offences involving sexual intercourse with a child between the ages of 10 and 16 years, and in cases where an offender is found guilty of taking advantage of a victim who may be intoxicated. Persons who question the bill should refer to volume 5 of the Wood royal commission, which acknowledged that existing legislation was discriminatory and lacked any rational basis. It is interesting to note that under the Crimes Act 1900 the age of consent for female homosexuals is 16. The commission acknowledged that it is unrealistic to expect that, by reason of legislation, adolescents will defer sexual activity until some arbitrary age of consent. It is unrealistic to ignore the circumstances of adolescents in contemporary society when many adolescents are sexually active at the age of 16. It was more difficult than I had expected to ascertain authoritatively the age of people initiating sexual intercourse. An article entitled "Sex in Australia: Sexual Experience and Identity", which was reported in the Australian and New Zealand Journal of Public Health 27 (2) 2003, reveals the following statistics relating to first sexual experience among males 15 years or younger: 23.7 per cent for heterosexuals, 24.0 per cent for homosexuals and 32.4 per cent for bisexuals. Among males at age 16 the figures are 8.7 per cent for heterosexuals, 6.1 per cent for homosexuals and 13.7 per cent for bisexuals. At age 17 the figures are 8.9 per cent for heterosexuals, 11.8 per cent for homosexuals and 17.2 per cent for bisexuals. By the age of 17, 41.3 per cent of heterosexuals, 41.9 per cent of homosexuals and 63.3 per cent of bisexuals had had their first sexual experience. There has been very little difference between homosexuals and heterosexuals with regard to the age of those who initiate first sex. The percentage of homosexuals at 15 or younger is slightly higher than for heterosexuals, at 0.3 per cent, but it is slightly less at 16 years. The law has been ineffective. It has not stopped homosexuals from having sex. I am amazed that the age of consent for sexual intercourse has not fallen further, given that people who study physiology say that both sexes are maturing physically at a younger age, which may relate to nutrition or diet. People are growing taller also. The Wood royal commission said that it is unrealistic to expect adolescents to defer sexual activity until some arbitrary age of consent. I was fascinated to hear speakers in this place talk about the age of consent, but no-one produced statistics to fight their case. They talked in moral, absolute and rhetorical terms but they did not talk about what people did. Sexual identity and preference is determined early, not by youthful encounters. The very fact that different laws exist regarding the age of consent between heterosexuals and male homosexuals is inconsistent with the underlying principles and philosophy of the New South Wales anti-discrimination legislation. As far as the Australian Democrats are concerned, it is an anachronism harking back to Queen Victoria that should be rectified. Under the current Act a male under the age of 18 who has sexual intercourse with another male can serve up to five years penal servitude. Other jurisdictions such as the Australian Capital Territory, Queensland, South Australia and Victoria have codified the age of consent at 16 years. Even the House of Commons agreed to equalise the age of consent at 16 years. In Belarus, Belgium, Iceland, Luxembourg, New Zealand, Norway and Portugal the age of consent is 16 years. Many other countries have even lower ages of consent. According to the second reading speech given in the other place, in Italy the age of consent is 14 years. In the Czech Republic, Denmark, Greece, Poland, Slovenia and Sweden the age of consent is 15 years. In Albania, Bulgaria, Canada, Colombia, Montenegro, San Marino and Serbia the age of consent is 14 years. As a health professional who believes firmly in preventive health, the potential adverse consequence of maintaining the status quo is that some young people stigmatised by their sexuality are denied access to obtaining condoms or advice from relevant health and education services. The AIDS Council of New South Wales is concerned that under the current Act HIV counsellors, educators, doctors and social workers are at risk of prosecution under section 78Q (2), which prohibits persons from giving advice about homosexual intercourse to a male under the age of 18 years. The Act as it stands stigmatises gay young people and puts them in a higher risk group for drug use, suicide and depression. I must confess that I was a little discouraged that Premier Carr did not support the Crimes Amendment (Sexual Offences) Bill introduced by the Hon. Jan Burnswoods in 1999. I congratulate the Hon. Jan Burnswoods on persisting with her efforts. I felt that some camaraderie bettered our rivalry in bringing forward this issue: We support this bill and will continue to support the object of the bill if it is not passed-although I trust that this time the legislation will be passed. I certainly urge all honourable members to pass the bill."

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