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.
Subsection (1) does not apply to any act engaged in, in private, between
both of whom consent to the act.
- (a) husband and wife, or
- (b) any two persons, each of whom
is eighteen years of age or more,
For the purposes of subsection (2),
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
a person shall be deemed not to consent to an act
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
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]
Section 160 ...