many factors, not the least of which are social reaction, attitudes and values. Given the complexity of the problem, the Director of Medical and Health Services considers that there is insufficient evidence to conclude that the control of AIDS would be either helped or hindered if the present law were changed.
Traditional values and the family
25. In response to the Law Reform Commission's Report it has been argued that the proposal to change the law on homosexual offences would result in an increase in homosexual activity which would distort social values and be a threat to the institution of marriage. The threat to the institution of marriage and traditional family life would on this view result from homosexual men being free to express their sexual preference. This could lead to them either not marrying or perhaps deserting their families.
26. After extensive research the Law Reform Commission was unable to predict the effect of the implementation of its central recommendation on the level of homosexual activity. The present law is very difficult to enforce and if a homosexual wishes to engage in homosexual conduct in private with an adult consenting partner it is almost certain that he will not be detected. Even if there were to be an increase in the level of homosexual behaviour it would be difficult to establish a clear link with family or marriage breakdowns. The picture is complex but it seems likely that the present law is not important in preventing family or marital breakdown. A change in the law would therefore be unlikely to place significant new pressures on family life, although it might be seen as undermining traditional standards of behaviour and community values.
Homosexuality and young people
27. The Law Reform Commission's proposal to remove from the criminal law homosexual activity in private between consenting men was strictly limited to men over 21 years of age. In all other circumstances such acts between males would continue to be a crime. The proposal would not therefore affect boys and young men under 21. The protection of young people is discussed further at paragraphs 41 to 43 below.
Public behaviour
28. If the law on homosexual conduct is to be changed it would be unacceptable for homosexuals to behave in a manner likely to cause offence to the public. The existing law to safeguard standards of public decency would seem to be adequate in most respects. It is a common law misdemeanour to commit an act outraging public decency in such a way that more than one person sees, or is at least able to see, the act. The common law offence applies to all open lewdness, grossly scandalous behaviour and whatever openly outrages decency or is offensive and disgusting. The offence may be committed by one person, the most common example being indecent exposure. Offenders have been convicted
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