A History of Canadian Sexual Assault Legislation
1900-2000

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Buggery and Bestiality

Note: the name of this offence was originally "Unnatural Offence." The offence then became "Buggery or bestiality" in the 1953-54 Criminal Code. The offences were separated in 1987.

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

[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.

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

[Buggery.]
202. 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. 55-56 V., c. 29, s. 174.

[Attempt to commit.]
203. Every one is guilty of an indictable offence and liable to ten years’ imprisonment who attempts to commit the offence mentioned in the last preceding section. 55-56 V., c. 29, s. 175.

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

[Buggery or bestiality.]
147. Every one who commits buggery or bestiality is guilty of an indictable offence and is liable to imprisonment for fourteen 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. 155.

[Buggery or bestiality]
155. Every one who commits buggery or bestiality is guilty of an indictable offence and is liable to imprisonment for fourteen years. 1953-54, c. 51, s. 147.

[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. 160.

[Buggery or bestiality]
160. Every one who commits buggery or bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. R.S., c. C-34, s. 155.

[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.

Note: The offence of "Buggery and bestiality" was split into two separate offences, "Anal Intercourse" and "Bestiality," by An Act to amend the Criminal Code and the Canada Evidence Act, S.C. 1987, c. 24, s. 3.

An Act to amend the Criminal Code and the Canada Evidence Act, S.C. 1987, c. 24, s. 3.

[Anal intercourse]
154. (1) Every person who engages in an act of anal intercourse is guilty of an indictable offence and is liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
    (2) Subsection (1) does not apply to any act engaged in, in private, between
        (a) husband and wife, or
        (b) any two persons, each of whom is eighteen years of age or more,
both of whom consent to the act.
    (3) For the purposes of subsection (2),
        (a) an act shall be deemed not to have been engaged in in private if it is engaged in 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 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 the court is satisfied beyond a reasonable doubt that that person could not have consented to the act by reason of mental disability.

[Bestiality]
155. (1) Every person who commits bestiality is guilty of an indictable offence and is liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
    (2) Every person who compels another to commit bestiality is guilty of an indictable offence and is liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
    (3) Notwithstanding subsection (1), every person who commits bestiality in the presence of a person who is under the age of fourteen years or who incites a person under the age of fourteen years to commit bestiality is guilty of an indictable offence and is liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.

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