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The exception was Tasmania, which retained its laws until the Federal Government and the United Nations Human Rights Committee forced their repeal in 1997.Male homosexuality was decriminalised in the Australian Capital Territory in 1976, then Norfolk Island in 1993, following South Australia in 1975 and Victoria in 1981.In 1786 Pietro Leopoldo of Tuscany, abolishing death penalty for all crimes, became not only the first Western ruler to do so, but also the first ruler to abolish death penalty for sodomy (which was replaced by prison and hard labour).In France, it was the French Revolutionary penal code (issued in 1791) which for the first time struck down "sodomy" as a crime, decriminalizing it together with all "victimless-crimes" (sodomy, heresy, witchcraft, blasphemy), according with the concept that if there was no victim, there was no crime. Texas that state laws criminalizing private, non-commercial sexual activity between consenting adults at home on the grounds of morality are unconstitutional since there is insufficient justification for intruding into people's liberty and privacy.For example, male homosexual acts, at least in theory, can result in life imprisonment in Barbados and Guyana.In Africa, male homosexual acts remain punishable by death in Mauritania, Sudan, and some parts of Nigeria and Somalia.In Asia, male homosexual acts remain punishable by death in Iran, Saudi Arabia, Brunei, the United Arab Emirates, and Yemen.Additionally, life imprisonment is the formal penalty for male homosexual acts in Bangladesh, the Maldives, Myanmar, Pakistan, and Qatar.

The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood by courts to include any sexual act deemed to be "unnatural" or immoral.These were retained in the criminal codes passed by the various colonial parliaments during the 19th century, and by the state parliaments after Federation.Following the Wolfenden report, the Dunstan Labor government introduced a consenting adults in private type legal defence in South Australia in 1972.For adult male citizens to experience and act on homoerotic desire was considered natural and permissible, as long as their partner was a male of lower social standing.Pederasty in ancient Rome was acceptable only when the younger partner was a prostitute or slave.

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