Conclusion
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TEX
48.
If the case for change considered in section II is
fully accepted it would seem to be logical to implement change
along the lines of the Law Commission's proposals, i.e. Option
1. If it is accepted that the law has no role in regulating
the private sexual activity of responsible adults then there
is no requirement for the existing law. There would of course
be a need to ensure that the law was adequate to protect the
young and ensure acceptable standards of public behaviour.
49.
However, some people may feel that the removal of the
present laws would be going too far. They might, for example,
accept part of the argument for change but not be prepared to
accept that the law has no role to play in regulating the
private sexual activities of responsible adults. Option 2
would, broadly speaking, bring the law into line with present
practice. The law would still have a place in regulating
private sexual behaviour but the penalties would be reduced.
GF 323
CONFIDENTIAL
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