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Amendment in this year: An Act to amend the Criminal Code, 1892, S.C. 1893, c. 32.
1893
Criminal Code, 1892, S.C. 1892, c. 29.
TITLE IV
OFFENCES AGAINST RELIGION, MORALS AND PUBLIC CONVENIENCE
PART XIII
OFFENCES AGAINST MORALITY
[Unnatural offence.]
174. Every one is guilty of an indictable offence and liable to imprisonment for life who commits buggery, either with a human being or with any other
living creature. R.S.C., c. 157, s. 1.
[Attempt to commit sodomy.]
175. Every one is guilty of an indictable offence and liable to ten years’ imprisonment who attempts to commit the offence mentioned in the next
preceding section. R.S.C., c. 157, s. 1.
[Incest.]
176. Every parent and child, every brother and sister, and every grandparent and grandchild, who cohabit or have sexual intercourse with each other,
shall each of them, if aware of their consanguinity, be deemed to have committed incest, and be guilty of an indictable offence and liable to fourteen
years’ imprisonment, and the male person shall also be liable to be whipped: Provided that, if the court or judge is of opinion that the female accused
is a party to such intercourse only by reason of the restraint, fear or duress of the other party, the court or judge shall not be bound to impose any
punishment on such person under this section. 53 V., c. 37, s. 8.
[Indecent acts.]
177. Every one is guilty of an offence and liable, on summary conviction before two justices of the peace, to a fine of fifty dollars or to six months’
imprisonment with or without hard labour, or to both fine and imprisonment, who wilfully–
(a) in the presence of one or more persons does any indecent act in any place to which the public have or are permitted to have access;
or
(b) does any indecent act in any place intending thereby to insult or offend any person. 53 V., c. 37, s. 6.
[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.
[Seduction of girls under sixteen.]
181. Every one is guilty of an indictable offence and liable to two years’ imprisonment who seduces or has illicit connection with any girl of
previously chaste character, of or above the age of fourteen years and under the age of sixteen years. R.S.C., c. 157, s. 3; 53 V., c.37, s.3.
Note: section 181 was amended by An Act to amend the Criminal Code, 1892, S.C. 1893, c. 32, s. 1.
[Seduction under promise of marriage.]
182. Every one, above the age of twenty-one years, is guilty of an indictable offence and liable to two years’ imprisonment who, under promise of
marriage, seduces and has illicit connection with any unmarried female of previously chaste character under twenty-one years of age. 50-51 V., c. 48,
s. 2.
[Seduction of a ward, servant, &c.]
183. Every one is guilty of an indictable offence and liable to two years’ imprisonment who, being a guardian, seduces or has illicit connection with his
ward, and every one who seduces or has illicit connection with any woman or girl of previously chaste character and under the age of twenty-one years who
is in his employment in a factory, mill or workshop, or who, being in a common employment with him in such factory, mill or workshop, is, in respect of
her employment or work in such factory, mill or workshop, under or in any way subject to his control or direction. 53 V., c. 37, s. 4.
[Seduction of females who are passengers on vessels.]
184. Every one is guilty of an indictable offence and liable to a fine of four hundred dollars, or to one year’s imprisonment, who, being the master or
other officer or a seaman or other person employed on board of any vessel, while such vessel is in any water within the jurisdiction of the Parliament of
Canada, under promise of marriage, or by threats, or by the exercise of his authority, or by solicitation, or the making of gifts or presents, seduces
and has illicit connection with any female passenger.
2. The subsequent intermarriage of the seducer and the seduced is, if pleaded, a good defence to any indictment for any offence against
this or either of the two next preceding sections except in the case of a guardian seducing his ward. R.S.C., c. 65, s. 37.
[Unlawfully defiling women.]
185. Every one is guilty of an indictable offence, and liable to two years’ imprisonment with hard labour, who–
(a) procures, or attempts to procure, any girl or woman under twenty-one years of age, not being a common prostitute or of known immoral
character, to have unlawful carnal connection, either within or without Canada, with any other person or persons; or
(b) inveigles or entices any such woman or girl to a house of ill-fame or assignation for the purpose of illicit intercourse or
prostitution, or knowingly conceals in such house any such woman or girl so inveigled or enticed; or
(c) procures, or attempts to procure, any woman or girl to become, either within or without Canada, a common prostitute; or
(d) procures, or attempts to procure, any woman or girl to leave Canada with intent that she may become an inmate of a brothel elsewhere;
or
(e) procures any woman or girl to come to Canada from abroad with intent that she may become an inmate of a brothel in Canada; or
(f) procures, or attempts to procure, any woman or girl to leave her usual place of abode in Canada, such place not being a brothel, with
intent that she may become an inmate of a brothel within or without Canada; or
(g) by threats or intimidation procures, or attempts to procure, any woman or girl to have any unlawful carnal connection, either within
or without Canada; or
(h) by false pretences or false representations procures any woman or girl, not being a common prostitute or of known immoral character,
to have any unlawful carnal connection, either within or without Canada; or
(i) applies, administers to, or causes to be taken by any woman or girl any drug, intoxicating liquor, matter, or thing with intent to
stupefy or overpower so as thereby to enable any person to have unlawful carnal connection with such woman or girl. 53 V., c. 39, s. 9; R.S.C., c. 157,
s. 7.
[Parent or guardian procuring defilement of girl.]
186. Every one who, being the parent or guardian of any girl or woman, -
(a) procures such girl or woman to have carnal connection with any man other than the procurer; or
(b) orders, is party to, permits or knowingly receives the avails of the defilement, seduction or prostitution of such girl or woman,
is guilty of an indictable offence, and liable to fourteen years’ imprisonment if such girl or woman is under the age of fourteen years, and if such girl
or woman is of or above the age of fourteen years to five years’ imprisonment. 53 V., c.37, s.9.
[Householders permitting defilement of girls on their premises.]
187. Every one who, being the owner and occupier of any premises, or having, or acting or assisting in, the management or control thereof, induces or
knowingly suffers any girl of such age as in this section mentioned to resort to or be in or upon such premises for the purpose of being unlawfully and
carnally known by any man, whether such carnal knowledge is intended to be with any particular man, or generally, is guilty of an indictable offence
and–
(a) is liable to ten years' imprisonment if such girl is under the age of fourteen years; and
(b) is liable to two years' imprisonment if such girl is of or above the age of fourteen and under the age of sixteen years. R.S.C., c.
157, s. 5; 53 V. c. 37, s. 3.
[Conspiracy to defile.]
188. Every one is guilty of an indictable offence and liable to two years’ imprisonment who conspires with any other person by false pretenses, or false
representations or other fraudulent means, to induce any woman to commit adultery or fornication.
[Carnally knowing idiots, &c.]
189. Every one is guilty of an indictable offence and liable to four years’ imprisonment who unlawfully and carnally knows, or attempts to have unlawful
carnal knowledge of, any female idiot or imbecile, insane or deaf and dumb woman or girl, under circumstances which do not amount to rape but which prove
that the offender knew, at the time of the offence, that the woman or girl was an idiot, or imbecile, or insane or deaf and dumb. R.S.C., c. 157, s. 3;
50-51 V., c. 48, s. 1.
PART XX
ASSAULTS
[Indecent assaults on females.]
259. Every one is guilty of an indictable offence and liable to two years’ imprisonment, and to be whipped, who–
(a) indecently assaults any female, or
(b) does anything to any female by her consent, which but for such consent would be an indecent assault, such consent being obtained by
false and fraudulent representations as to the nature and quality of the act. 53 V., c. 37, s. 12.
[Indecent assaults on males.]
260. Every one is guilty of an indictable offence and liable to ten years’ imprisonment and to be whipped who assaults any person with intent to
commit sodomy, or who, being a male, indecently assaults any other male person. R.S.C., c. 157, s. 2.
Note: section 260 was amended by An Act to amend the Criminal Code, 1892, S.C. 1893, c. 32, s. 1.
[Consent of child under fourteen no defence.]
261. It is no defence to a charge or indictment for any indecent assault on a young person under the age of fourteen years to prove that he or she
consented to the act of indecency. 53 V., c. 37, s. 7.
PART XXI
RAPE AND PROCURING ABORTION
[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.
Note: section 266 was amended by An Act to amend the Criminal Code, 1892, S.C. 1893, c. 32, s. 1.
[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.
[Defiling children under fourteen.]
269. Every one is guilty of an indictable offence and liable to imprisonment for life, and to be whipped, who carnally knows any girl under the age of
fourteen years, not being his wife, whether he believes her to be of or above that age or not. 53 V., c. 37, s. 12.
[Attempt to commit such offence.]
270. Every one who attempts to have unlawful carnal knowledge of any girl under the age of fourteen years is guilty of an indictable offence and liable
to two years’ imprisonment, and to be whipped. 53 V., c. 37, s. 12.
PART XXII
OFFENCES AGAINST CONJUGAL AND PARENTAL RIGHTS – BIGAMY – ABDUCTION
[Abduction of a woman.]
281. Every one is guilty of an indictable offence and liable to fourteen years’ imprisonment who, with intent to marry or carnally know any woman,
whether married or not, or with intent to cause any woman to be married to or carnally known by any other person, takes away or detains any woman of any
age against her will. R.S.C., c. 162, s. 43.
[Abduction of an heiress.]
282. Every one is guilty of an indictable offence and liable to fourteen years’ imprisonment who, with intent to marry or carnally know any woman, or
with intent to cause any woman to be married or carnally known by any person–
(a) from motives of lucre takes away or detains against her will any such woman of any age who has any interest, whether
legal or equitable, present or future, absolute, conditional or contingent, in any real or personal estate, or who is a presumptive heiress or co-heiress
or presumptive next of kin to any one having such interest; or
(b) fraudulently allures, takes away or detains any such woman, being under the age of twenty-one years, out of the
possession and against the will of her father or mother, or of any other person having the lawful care or charge of her, with intent to marry or carnally
know her.
2. Every one convicted of any offence defined in this section is incapable of taking any estate or interest, legal or equitable, in any
real or personal property of such woman, or in which she has any interest, or which comes to her as such heiress, co-heiress or next of kin; and if any
such marriage takes place such property shall, upon such conviction, be settled in such manner as any court of competent jurisdiction, upon any
information at the instance of the Attorney General appoints. R.S.C., c. 162, s. 42.
[Abduction of girl under sixteen.]
283. Every one is guilty of an indictable offence and liable to five years' imprisonment who unlawfully takes or causes to be taken any unmarried girl,
being under the age of sixteen years, out of the
possession and against the will of her father or mother, or of any other person having the lawful care or charge of her.
2. It is immaterial whether the girl is taken with her own consent or at her suggestion or not.
3. It is immaterial whether or not the offender believed the girl to be of or above the age of sixteen. R.S.C., c. 162, s. 44.
PART XLIII
PROCEDURE IN PARTICULAR CASES
[Time within which proceedings shall be commenced in certain cases.]
551. No prosecution for an offence against this Act, or action for penalties or forfeiture, shall be commenced–
(c) after the expiration of one year from its commission if such offence be–
(v.) seduction of girl under sixteen (Part XIII., section one hundred and eighty-one);
(vi.) seduction under promise of marriage (section one hundred and eighty-two);
(vii.) seduction of a ward, &c. (section one hundred and eighty-three);
(viii.) unlawfully defiling women (section one hundred and eighty-five);
(ix.) parent or guardian procuring defilement of girl (section one hundred and eighty-six);
(x.) householders permitting defilement of girls on their premises (section one hundred and eighty-seven).
PART LI
TRIAL
[When evidence of one witness must be corroborated.]
684. No person accused of an offence under any of the hereunder mentioned sections shall be convicted upon the evidence of one witness, unless such
witness is corroborated in some material particular by evidence implicating the accused:
[...]
(c) Offences under Part XIII., sections one hundred and eighty-one to one hundred and ninety inclusive;
[...].
Note: section 684 was amended by An Act to amend the Criminal Code, 1892, S.C. 1893, c. 32, s. 1.
[Evidence not under oath of child in certain cases.]
685. Where, upon the hearing or trial of any charge for carnally knowing or attempting to carnally know a girl under fourteen or of any charge under
section two hundred and fifty-nine for indecent assault, the girl in respect of whom the offence is charged to have been committed, or any other child
of tender years who is tendered as a witness, does not, in the opinion of the court or justices, understand the nature of an oath, the evidence of such
girl or other child of tender years may be received though not given upon oath if, in the opinion of the court or justices, as the case may be, such girl
or other child of tender years is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the
truth.
2. But no person shall be liable to be convicted of the offence, unless the testimony admitted by virtue of this section, and given on
behalf of the prosecution, is corroborated by some other material evidence in support thereof implicating the accused.
3. Any witness whose evidence is admitted under this section is liable to indictment and punishment for perjury in all respects as if he
or she had been sworn. 53 V., c. 37, s. 13.
PART LXIV
WHIPPING
[Sentence of punishment by whipping.]
957. Whenever whipping may be awarded for any offence, the court may sentence the offender to be once, twice or thrice whipped, within the limits of the
prison, under the supervision of the medical officer of the prison; and the number of strokes and the instrument with which they shall be inflicted shall
be specified by the court in the sentence; and, whenever practicable, every whipping shall take place not less than ten days before the expiration of any
term of imprisonment to which the offender is sentenced for the offence.
2. Whipping shall not be inflicted on any female. R.S.C., c. 181, s. 30.
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