ANAL INTERCOURSE
... /
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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