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Criminal Code

Version of section 159 from 2003-01-01 to 2019-06-20:

Marginal note:Anal intercourse

  •  (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.

  • Marginal note:Exception

    (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.

  • Marginal note:Idem

    (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., 1985, c. C-46, s. 159
  • R.S., 1985, c. 19 (3rd Supp.), s. 3

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