Flutterby™! : Collateral damage

In his quickies today, John over at Genehack linked to a Guardian article about proposed British legislation against minors kissing that starts out:

A bill due before parliament next week will make it a criminal offence for two 15-year-olds to kiss in public, the Home Office said last night.

But officials said those below the age of consent were unlikely to be prosecuted if both were enjoying the embrace.

Isn't this how the anti-sodomy laws in the southern U.S. were justified? That these were likely non-consensual activities so criminalizing them would give police the discretion to do the right thing?