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themselves in this way that is their affair and the law will not interfere. But no lice is given to others to encourage the practice.'
(Ker v Director of Public Prosecutions [1972] 2 All E.R. 898, 904)
Furthermore, the courts would not recognise or enforce any claim, e.g. for financial support, arising out of a homosexual relationship.
Enforcement of the law
17. As the great majority of homosexual offences take place in private between willing participants, the current law is difficult to enforce. Few cases come to the attention of the police. The majority of prosecutions in recent years for homosexual acts of gross indecency have been for acts which were discovered in public places. For example, in 1986 21 men were prosecuted for such acts, of which 95% occurred in public toilets or bathhouses; in 1987 14 men were prosecuted for acts which were all committed in public toilets or bathhouses. 18. In the years 1983–1986 only two cases involving homosexual buggery were prosecuted. In one a man of 37 was convicted of attempted buggery with a 13-year old boy, and, in the other, two adult men whom the police chanced upon during a raid in a guest house admitted having committed buggery. In 1987 two men were prosecuted for acts of homosexual buggery with children. 19. Most of the consensual homosexual acts which take place each year in private between adult men never come to light and are never prosecuted. It would require enormous police resources and a complete disregard for an individual's right to privacy before the law could be enforced. At present, the police cannot strictly enforce the law. As a matter of necessity, they deploy their resources in combatting crimes which they regard as more serious. The low priority which the police give to enforcing the law is not apparently at odds with the community's feelings. There has been no public demand for more stringent enforcement.
Public health and AIDS
20. AIDS (Acquired Immune Deficiency Syndrome) is recognised as a global health problem and is probably the most serious epidemic of the past fifty years. By the end of April 1988 more than 88 000 cases had been reported in 133 countries and there may be many more unrecognised cases. It is estimated that there will be between 500 000 and three million AIDS cases by 1991, with up to 100 million people infected with the causative virus, known as HIV(6). Of those infected, up to 50% may go on to develop AIDS. Although the mean incubation period for AIDS is four years, the longest yet recorded is 14 years.
21. In any discussion of the laws on homosexual behaviour, it is natural that the subject of AIDS is brought into the picture because of the seriousness of the
(6) World Health Organisation estimate in November 1986.
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