The Criminal Code, 1892, S.C. 1892, c. 29, s. 266.
[Rape defined.]
266. Rape is the act of a man having carnal knowledge of a woman who is not his wife without her consent, or with consent which has been extorted by threats or fear of bodily harm, or obtained by
personating the woman’s husband, or by false and fraudulent representations as to the nature and quality of the act.
2. No one under the age of fourteen years can commit this offence.
3. Carnal knowledge is complete upon penetration to any, even the slightest degree, and even without the emission of seed. R.S.C., c. 174, s. 226.
[Punishment for rape.]
267. Every one who commits rape is guilty of an indictable offence and liable to suffer death, or imprisonment for life. R.S.C., c. 162, s. 37.
[Attempt to commit rape.]
268. Every one is guilty of an indictable offence and liable to seven years’ imprisonment who attempts to commit rape.
An Act to amend the Criminal Code, 1892, S.C. 1893, c. 32, s. 1.
[Rape defined.]
266. Rape is the act of a man having carnal knowledge of a woman who is not his wife without her consent, or with consent which has been extorted by
threats or fear of bodily harm, or obtained by personating the woman’s husband, or by false and fraudulent representations as to the nature and quality
of the act.
2. No one under the age of fourteen years can commit this offence. R.S.C., c. 174, s. 226.
Criminal Code, R.S.C. 1906, c. 146, s. 298.
[Rape defined.]
298. Rape is the act of a man having carnal knowledge of a woman who is not his wife without her consent, or with consent which has been extorted by threats or fear of bodily harm, or obtained by
personating the woman’s husband, or by false and fraudulent representations as to the nature and quality of the act.
[Age.]
2. No one under the age of fourteen years can commit this offence. 55-56 V., c. 29, s. 266.
[Punishment for rape.]
299. Every one who commits rape is guilty of an indictable offence and liable to suffer death or to imprisonment for life. 55-56 V., c. 29, s. 267.
[Punishment for attempt.]
300. Every one is guilty of an indictable offence and liable to seven years’ imprisonment who attempts to commit rape. 55-56 V., c. 29, s. 268.
An Act to amend the Criminal Code, S.C. 1919-1920, c. 43, s. 7.
[Penalty of whipping added.]
300. Every one is guilty of an indictable offence, and liable to seven years' imprisonment and to be whipped, who attempts to commit rape.
An Act to amend the Criminal Code, S.C. 1921, c. 25, s. 4.
[Punishment for rape.]
299. Every one who commits rape is guilty of an indictable offence and liable to suffer death or to imprisonment for life and to be whipped.
55-56 V., c. 29, s. 267.
Criminal Code, R.S.C. 1927, c. 36, s. 298.
[Rape defined]
298. Rape is the act of a man having carnal knowledge of a woman who is not his wife without her consent, or with consent which has been extorted by threats or fear of bodily harm, or obtained by
personating the woman's husband, or by false and fraudulent representations as to the nature and quality of the act.
2. No one under the age of fourteen years can commit this offence. R.S., c. 146, s. 298.
[Punishment for rape]
299. Every one who commits rape is guilty of an indictable offence and liable to suffer death or to imprisonment for life, and to be whipped. R.S., c. 146, s. 299; 1921, c. 25, s. 4.
[Penalty of whipping added.]
300. Every one is guilty of an indictable offence, and liable to seven years' imprisonment and to be whipped, who attempts to commit rape. 1920,
c. 43, s. 7.
Criminal Code, S.C. 1953-54, c. 51, s. 135.
[Rape.]
135. A male person commits rape when he has sexual intercourse with a female person who is not his wife,
(a) without her consent, or
(b) with her consent if the consent
(i) is extorted by threats or fear of bodily harm
(ii) is obtained by personating her husband, or
(iii) is obtained by false and fraudulent representations as to the nature and quality of the act.
[Punishment for rape.]
136. Every one who commits rape is guilty of an indictable offence and is liable to imprisonment for life and to be whipped.
[Attempt to commit rape.]
137. Every one who attempts to commit rape is guilty of an indictable offence and is liable to imprisonment for ten years and to be whipped.
Criminal Code, R.S.C. 1970, c. C-34, s. 143.
[Rape]
143. A male person commits rape when he has sexual intercourse with a female person who is not his wife,
(a) without her consent, or
(b) with her consent if the consent
(i) is extorted by threats or fear of bodily harm,
(ii) is obtained by personating her husband, or
(iii) is obtained by false and fraudulent representations as to the nature and quality of the act. 1953-54, c. 51, s. 135.
[Punishment for rape]
144. Every one who commits rape is guilty of an indictable offence and is liable to imprisonment for life and to be whipped. 1953-54, c. 51, s. 136.
[Attempt to commit rape]
145. Every one who attempts to commit rape is guilty of an indictable offence and is liable to imprisonment for ten years and to be whipped. 1953-54, c. 51, s. 137.
An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in
relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 6.
Note: "Rape" was abolished in 1982. The same statute created the offences "Sexual assault," "Sexual assault with a weapon, threats to a third
party or causing bodily harm," and "Aggravated sexual assault."
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