Government Drops 'Sex at 12' Proposal After Outcry
Patrick Goodenough
Pacific Rim Bureau Chief
Pacific Rim Bureau (CNSNews.com) - New Zealand's government has backed down on plans to decriminalize sex for children as young as 12 in certain cases, after the proposal sparked strong opposition and charges of "political correctness."
The latest row comes at a time the country's liberal Labor government is faring badly in opinion polls, and is under fire for various pieces of legislation critics say go against mainstream New Zealand values.
One bill in the pipeline seeks to formalize same-sex unions -- removing any special recognition of traditional marriage -- while another will enable girls under the age of 16 to obtain abortions without their parents' knowledge or approval.
Legislation under consideration this year will also give same-sex partners a range of new "rights" relating to guardianship of children.
The government has pushed ahead with these measures despite criticism from some opposition parties and advocacy groups, but at the weekend it became clear that it had gone too far for many New Zealanders.
A draft bill covering a range of sex-related crimes aims to reflect what its drafters describe as "changes in social attitudes towards sexual matters."
In some areas, the legislation takes a harder line on offenses, for instance imposing tougher penalties for child pornography and pedophilia.
But when it came to the subject of sex among teenagers, the drafters proposed allowing consensual sex involving youngsters 12 and over, as long as the age difference between the two was two years or less.
"It is ... important to balance the need to protect children particularly from older men and at the same time to ensure that teenage sexual experimentation does not result in young people being involved in the criminal justice system," the bill says.
The government argued that children of that age were having sex anyway, and it was inappropriate for them to face criminal charges. Under current law, the offense carries penalties of up to 10 years in jail, although police seldom prosecute when the two people involved are similarly aged.
News of the planned law change triggered an outcry, with the official opposition National Party leading the way.
The party's law and order spokesman, Tony Ryall, demanded that the proposal be scrapped, saying it would put more pressure on children and teens to become sexually active earlier.
Accusing the government of trying to push through "a significant change in social policy" without public consultation, Ryall called the move "yet another example of Labor's political correctness at the cost of mainstream New Zealand values."
He warned that the consequences would be felt for years to come.
Representatives of other political parties, educators and campaigners against sexual abuse also spoke out against the move.
Under pressure, Prime Minister Helen Clark told a national radio station at the weekend that she did not support decriminalizing sex below the age of 16, and that even 16 was "really too young to be entering into those sorts of relationships," in her view.
On Sunday, Justice Minister Phil Goff announced that the contentious clause would be withdrawn from the bill.
"The way it's been interpreted it won't find public support, that's why it's being removed," he said in a radio interview.
Goff denied the government was sending out the wrong signal.
"What I wanted to make clear was that criminal sanctions weren't the appropriate way that we would deal with the social problem of consenting teenaged sex between kids of about the same age."
'Drop abortion plan, too'
Buoyed by the government's U-turn, the National Party was pressing Monday for further reversals.
Another clause in the bill makes it possible for any man to defend in court the fact he has had sex with a 12- to 16-year-old, if he can prove he took "reasonable steps" to ascertain the youngster's age and believed her to be 16 or older.
Up to now, that defense has only been available to men aged 21 or under, but the government has decided to drop the "arbitrary" 21 age limit.
The problem with this planned change, Ryall said, was that all an underage child would now apparently have to do was show the older person a false identity, for the man to claim a legal defense.
Another National lawmaker, Bill English, said Monday that the government, having backed down on the underage sex provision, should also drop another controversial measure.
Under a separate piece of draft legislation, a girl under 16 will be able to have an abortion without her parents consent or knowledge.
"Labor has all but acknowledged that the law permitting sex for 12 to 16-year-old children is wrong, so how can it justify allowing a girl of the same age to have an abortion without her parents knowing?" English asked.
He said parents were required to send a note explaining a child's absence from school, but under the proposed law the school could send a girl off for an abortion without notifying her parents.
"Labor's permissive attitude to child sex is unacceptable," English said. "The law should be changed so that parents aren't fenced out while children are faced with such a life altering and traumatic decision."
Poll slide
New Zealand Herald commentator Ruth Berry said Monday the backdown was probably the government's wisest course of action, considering its showing in opinion polls.
She said the government was "trying increasingly hard to combat fears that it is leading New Zealanders down paths they are not ready, or willing, to go down."
In a new opinion poll Sunday, the National Party enjoyed a 47-37 point lead over Labor, while Clark led National leader Don Brash by a single point in the "preferred prime minister" category.
Last October, Labor was leading National by 45 points to 27.
Brash was recently attacked by the government after he indicated that a National government would favor dropping a longstanding ban on visits to New Zealand ports by nuclear-powered ships.
The ban, passed by a Labor government in the mid-1980s, effectively removed New Zealand from the 53-year-old ANZUS (Australia-New Zealand-U.S.) defense alliance, and resulted in a downgrading of Wellington's status as a U.S. ally.
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