... / Exception / Idem.

159. (1) Every person who engages in an act of anal intercourse is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.

(2) Subsection (1) does not apply to any act engaged in, in private, between

(a) husband and wife, or
(b) any two persons, each of whom is eighteen years of age or more,
both of whom consent to the act.

(3) For the purposes of subsection (2),

(a) an act shall be deemed not to have been engaged in in private if it is engaged in in a public place or if more than two persons take part or are present; and
(b) a person shall be deemed not to consent to an act
(i) if the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent misrepresentations respecting the nature and quality of the act, or
(ii) if the court is satisfied beyond a reasonable doubt that the person could not have consented to the act by reason of mental disability. [R.S.C. 1985, c.19 (3rd Supp.), s.3]

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