ABSTRACT

It is axiomatic that heterosexuality and heterosexual behaviour are as old as mankind, and therefore it seems beyond dispute that homosexuality has a history equally as long. It is true also that whilst the law has long been used both to define and regulate heterosexual activities, the law (and especially the criminal law) has been most rigorously utilised in establishing parameters around the concept of homosexuality and the activities of homosexuals. However non-controversial it may be to say that the (criminal) law does circumscribe homosexuality, it remains crucial to investigate how and why it does so.