It might surprise you to know that Australia still hasn’t equalized the age of consent for gay males in all its territories.
Australia is still lagging behind in terms of equality for gay and bisexual men. Not only is same-sex marriage still not available for couples but the age of consent is higher for gay or bisexual men who want to have penetrative sex. More accurately anal sex in some territories attracts a higher age of consent, despite the fact that the age of consent for vaginal or oral sex being equal across the country.
The age of consent for heterosexual and homosexual couples is 16 except in Queensland where the age of consent for male on male penetrative sex is 18. This law is also applied to heterosexual couples who may want to have anal sex too.
Vaginal and oral sex is legal from the age of 16 – regardless of sexuality, the penalty if you break this law is 14 years in jail.
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Homosexuality was made legal across the country in 1994. However Queensland, the Northern Territory and South Australia still lag behind in many areas of equality with no provision in law for civil partnerships or adoption rights for LGBTs in those territories.
The Queensland parliamentary committee have now recommended that the sexual age of consent be standardised and the word “sodomy” be removed from the territory’s criminal code. The committee have suggested that the word “sodomy” be replaced with the term “anal intercourse”.
