Gross indecency (criminal offence)
Gross indecency is a British and Canadian legal term which was used to criminalise sexual activity between men, short of anal penetration. The term was first used in British law in a statute of the British Parliament in 1885, and was carried forward in other statutes in Britain and in Canada. The offence was never actually defined in any of the statutes which used it, leaving the scope of the offence to be defined by decisions of the courts.
In Britain, the term was used in the following criminal offences:
- Gross indecency between men, contrary to section 11 of the Criminal Law Amendment Act 1885 (known as the Labouchere Amendment);
- later contrary to section 13 of the Sexual Offences Act 1956.
- Indecency with a child, contrary to section 1(1) of the Indecency with Children Act 1960.
In Canada Gross indecency existed under the Criminal Code ( Sections 178 (1892), 206 (1906, 1927), 149 (1953-1954), 157 (1970), 161 (1985)) as well as Criminal Law Amendment Act 1968-1969 Section 7. The term was repealed in 1985 with an amendment to both the Criminal Code and the Canada Evidence Act.[1]