A History of Canadian Sexual Assault Legislation
1900-2000

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Acts of Gross Indecency

The Criminal Code, 1892, S.C. 1892, c. 29, s. 178.

[Acts of gross indecency.]
178. Every male person is guilty of an indictable offence and liable to five years’ imprisonment and to be whipped who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person. 53 V., c. 37, s. 5.

Criminal Code, R.S.C. 1906, c. 146, s. 206.

[Acts of gross indecency.]
206. Every male person is guilty of an indictable offence and liable to five years’ imprisonment and to be whipped who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person. 55-56 V., c. 29, s. 178.

Criminal Code, R.S.C. 1927, c. 36, s. 206.

[Acts of gross indecency.]
206. Every male person is guilty of an indictable offence and liable to five years’ imprisonment and to be whipped who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any acts of gross indecency with another male person. R.S., c. 146, s. 206.

Criminal Code, S.C. 1953-54, c. 51, s. 149.

[Acts of gross indecency.]
149. 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.

Criminal Law Amendment Act, 1968-69, S.C. 1968-69, c. 38, s. 7.

[Exception re acts in private between husband and wife or consenting adults.]
149A. (1) Sections 147 and 149 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.
    [Idem]
    (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.

Criminal Code, R.S.C. 1970, c. C-34, s. 157.

[Acts of gross indecency]
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. 1953-54, c. 51, s. 149.

[Exception re acts in private between husband and wife or consenting adults]
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.
            [s. 155: Buggery or bestiality
            s. 157: Acts of gross indecency]
[Idem]
    (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.

Criminal Code, R.S.C. 1985, c. C-46, s. 161.

[Acts of gross indecency]
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. R.S., c. C-34, s. 157.

[Exception re acts in private between husband and wife or consenting adults]
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.
    [Idem]
    (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.

An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 4.

["Acts of gross indecency" and "Exception re acts in private between husband and wife or consenting adults" both repealed. Statute came into force 1987.]

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