naughtylady said:
False: If you are under 18 years of age sodomy is illegal. Straight or gay. Therefore the homo age of consent is 18, hetero is 14. go figure.
The age of consent is 16 years provided the other party is not in a position of authority vis-à-vis the younger party. If such an authority relationship exists, age of consent is 18.
For 12 and 13 year olds, the prohibition is waived if the other party is less than 2 years older and not in a position of authority vis-a-vis the younger party.
For 14 and 15 year olds, the age of consent is waived if the other party is less than 5 years older and not in a position of authority
Age of consent for anal intercourse is 18. The age of consent is waived if engaged in between "husband and wife".
IMO, under current Supreme Court constitutional decisions, the caveat for "husband and wife" would be read by the courts as to include married homosexual partners. This is only my learned opinion, and until the courts pronounce on the issue, it is only speculation.
The ages of consent for homosexuals are the same as for heterosexuals - no distinction is drawn. A 16 year old can legally consent to homosexual sex provided no anal intercourse is involved. The age of consent for anal intercourse applies to homosexuals and heterosexuals alike. The term "anal intercourse" has not been decided judicially, but it likely requires penile penetration. Analingus is not intercourse, nor IMO digital penetration. I won't venture a guess as to how the courts would treat penetration with a penis substitute (vibrator, strap-on, cucumber).
There is an additional restriction on all anal intercourse. For it to be legal, it must be engaged "in private".
And "
... 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"
So ladies and gentlemen, if you are in a threesome, anal intercourse is a criminal offense. Incidentally, due to this provision, a majority of porn videos shot in Canada involve the actor and actress committing a criminal offense, as the presence of the cameraman makes the anal intercourse illegal. I doubt this law has ever been enforced.