A History of Canadian Sexual Assault Legislation
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Abduction of an Heiress |
The Criminal Code, 1892, S.C. 1892, c. 29, s. 282.[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. Criminal Code, S.C. 1906, c. 146, s. 314.[Offence. Penalty. Intent.]314. 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,— [Abduction of heiress.] (a) from motives of lucre takes away or detains against her will any 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, [Alluring away against will of parent.] (b) fraudulently allures, takes away or detains any 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. [Effect of conviction on property.] 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. 55-56 V., c.29, s.282. An Act to amend the Criminal Code, S.C. 1909, c. 9, s. 2.[Offence. Penalty. Intent.]314. 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 other person, such woman having any interest, legal or equitable, present or future, absolute, conditional or contingent, in any real or personal estate, or being a presumptive heiress or co-heiress, or presumptive next of kin, to any one having such an interest,— [Against her will.] (a) from motives of lucre takes away or detains such woman against her will, whatever the age of such woman, [Against will of parent or guardian.] (b) fraudulently allures, takes away or detains such woman out of the possession and against the will of her father or mother or other person having the lawful care or charge of her, such woman being under the age of twenty-one years. [Effect of conviction on property.] 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 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. 55-56 V., c.29, s. 282. Criminal Code, R.S.C. 1927, c. 36, s. 314.[Abduction of heiress.]314. 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 other person, such woman having any interest, legal or equitable, present or future, absolute, conditional or contingent, in any real or personal estate, or being a presumptive heiress or co-heiress, or presumptive next of kin, to any one having such an interest, [Against her will.] (a) from motives of lucre takes away or detains such woman against her will, whatever the age of such woman; [Against will of parent or guardian.] (b) fraudulently allures, takes away or detains such woman out of the possession and against the will of her father or mother or other person having the lawful care or charge of her, such woman being under the age of twenty-one years. [Effect of conviction on property.] 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. 146, s. 314; 1909, c. 9, s. 2. Note: this offence was no longer in the Criminal Code when the 1953-54 edition was released. |
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