View source for History of Gross Indecency (Repealed Offence)

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==1985 Criminal Code==
{{quotation|
'''Acts of gross indecency'''<br>
161. Every one who commits an act of gross indecency with another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. <Br>
R.S., c. C-34, s. 157.
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{{quotation|
'''Exception re acts in private between husband and wife or consenting adults'''<br>
162. (1) Sections 160 and 161 do not apply to any act committed in private between
:(a) a husband and his wife, or
:(b) any two persons, each of whom is twenty-one years or more of age,

both of whom consent to the commission of the act.
<br>
'''Idem'''<br>
(2) For the purposes of subsection (1),
:(a) an act shall be deemed not to have been committed in private if it is committed 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 the commission of 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 that person is, and other party to the commission of the act knows or has good reason to believe that that person is, feeble-minded, insane or an idiot or imbecile.
R.S., c. C-34, s. 158.
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The offence was repealed in 1987.

'''Gross Indecency'''<br>
The term "gross indecency" was not defined within the Code.<ref>
R v G, [http://canlii.ca/t/2bc77 1982 CanLII 1304] (AB QB)
</ref>

The "indecency" of an act depends on its context, including time, place and circumstances.<ref>
G{{ibid}} at para 9<br>
</ref> Similarly, "gross indecency" will depend on time, place, and circumstances.<ref>
G{{ibid}} at para 10<Br>
</ref>
However, certain acts are "inherently indecent" where the "circumstances surrounding the act is immaterial".<ref>
G{{ibid}} at para 9<Br>
</ref>

Gross indecency has been described as "marked departure from decent conduct expected of the average Canadian in the circumstances that existed".<ref>
R v Quesnel and Quesnel (1979), 51 C.C.C (2d) 270 at p. 280<Br>
R v LeBeau, [http://canlii.ca/t/22kn3  1988 CanLII 3271] (ON CA), per The Court, at para 20<br>
</ref>
The standard is strictly objective and should not be considered subjectively.<Ref>
LeBeau{{ibid}} at para 20<br>
Quesnel{{supra}}
</ref>

There is no requirement that gross indecency include "some actual physical contact between" the accused and victim.<ref>
G{{ibid}} at para 11 - derived from UK law considering the use of the word "with"<br>
</ref> It only needs to involve some "personal relation", "association" or "union", which can include commission of the act in the presence of the victim.<ref>
G{{ibid}} at para 13<br>
</ref> More specifically, this has been applied where the accused masturbated in the presence of the victim.<Ref>
e.g. G{{ibid}}<Br>
R v Pinard and Maltais (1982), 5 CCC (3d) 460<br>
</ref>
As well as fellatio.<Ref>
R v White (1975), 25 C.C.C. (2d) 172<br>

</ref>

{{reflist|2}}

==1970 Criminal Code==

{{quotation|
'''Acts of gross indecency'''<br>
157. Every one who commits an act of gross indecency with another person is guilty of an indictable offence and is liable to imprisonment for five years. <Br>
1953-54, c. 51, s. 149.
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{{quotation|
'''Exception re acts in private between husband and wife or consenting adults'''<br>
158. (1) Sections 155 and 157 do not apply to any act committed in private between
:(a) a husband and his wife, or
:(b) any two persons, each of whom is twenty-one years or more of age,
both of whom consent to the commission of the act.
<br>
'''Idem'''<br>
(2) For the purposes of subsection (1),
:(a) an act shall be deemed not to have been committed in private if it is committed 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 the commission of an act
::(i) if the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent misrepresentations as to the nature and quality of the act, or
::(ii) if that person is, and the other party to the commission of the act knows or has good reason to believe that that person is feeble-minded, insane, or an idiot or imbecile. 

1968-69, c. 38, s. 7.
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==1953-1954 Criminal Code==
{{Quotation|
141.(1) Every one who indecently assaults a female person is guilty of an indictable offence and is liable to imprisonment for five years and to be whipped...<br>
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