14.
CONFIDENTIAL #3
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Removal of criminal penalties for specific homosexual
acts should not be construed as implying society's or the
legislature's approval of such conduct, any more than society
implicitly condones prostitution, adultery and fornication,
none of which is punishable by law. While homosexual acts
between two consenting adult men in private would cease to be
criminal offences, it would be an offence to procure others to
indulge in such acts, for example by publishing advertisements
for homosexual introductions. Prosecutions might also be
brought for the common law offence of conspiracy to corrupt
public morals.
Enforcement of the Law
15.
As the overwhelming majority of homosexual offences
take place in private between willing participants, the
current law is very 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.
CONFIDENTIAL
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