Abstract:
When the Wood Royal Commission
into the New South Wales Police
Service released its final Report on
the Paedophile Inquiry in August
1997, its recommendation to remove
the distinction between heterosexual
and female homosexual sex and male
homosexual sex by lowering the age
currently set for the latter category
surprised many citizens. There was
concern, firstly, about the fact that
the lack of satisfactory protective
mechanisms in the prevailing laws
would escape investigation and,
secondly, that acts previously .
understood to be paedophilia and
pederasty would be de-criminalised,
thereby increasing the vulnerability
of young Australians to sexual
predators.
The Crimes Amendment (Sexual
Offences) Bill, introduced into the
New South Wales Parliament in
October 1997, and reintroduced in
1999, suggests a firm determination
to implement the Royal Commission
recommendation on consent,
notwithstanding the fact that such
change would be implemented in the
absence of community debate and
without addressing the implications
of de-criminalisatton. Although the
Bill was rejected in the Upper House
on both occasions, it is believed that
further attempts will be made in the
near future and, again, it will be in
the absence of broad community
debate. It is also widely believed
that, should a change of this nature
be implemented in New South Wales,
it will have implications for children
in other states across Australia.
This paper explores the implications
of equalising at a lower rather than
higher minimum age of consent.
