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circumstances such acts would continue to be a crime. For
example, if the act took place with a person under the age of
21, or without consent or in a public place, then it would
remain criminal. The act would not be in private if more than
two persons were present; nor would it be in private if
committed, for example, in a public toilet or bathhouse.
39.
If an act of homosexual buggery were committed
without consent or by or with a man under 21, it was proposed
that the maximum penalty of life imprisonment should remain.
For an act of homosexual gross indecency by or with a man
under 21, the existing penalty of imprisonment for two years
would appear to provide adequate protection for juveniles from
being suborned into homosexuality. A full list of the
circumstances where the law should not be changed is at
Appendix A.
Age of Consent
40.
If homosexual acts are to cease to be criminal
offences under certain circumstances, it is suggested that the
age of consent should be 21 rather than 16 (which is the age
of consent for heterosexual intercourse). The reasons are
that men between 16 and 21 often have only a limited and
possibly distorted knowledge of homosexual activity; they
might be curious about and inclined to experiment with new
activities and consequently be easily led into homosexual
activies; and are often dependent both emotionally and
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