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36.
However, the retention of the present law is clearly
one option for the future. It should not however be assumed
that this amounts to retaining the status quo. The present
position is that the law is not strictly enforced so that the
maximum penalties are rarely imposed and the police do not
give a high priority to offences committed in private between
consenting adults. If it is decided that the present law is
acceptable and that change is not required, there would be no
justification for the continuation of the current policing
practices.
SECTION III :
OPTIONS FOR CHANGE
37.
If it is accepted that some reform of the present law
on homosexual behaviour is desirable, then there are two clear
options to be considered. The following sections present both
options.
38.
OPTION I: Remove the criminal penalties for homosexual
Acts between consenting adults in private
The Law Reform Commission has recommended this option but in
doing so has added that at the same time the law on public
behaviour, exploitation and corruption of a homosexual nature
should be strengthened. This option would remove the criminal
penalties for homosexual acts only when committed by
consenting men over the age of 21 in private.
In all other
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