A History of Canadian Sexual Assault Legislation
1900-2000

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Sexual Intercourse with Female Under Fourteen

Note: the name of this offence was originally "Defiling children under fourteen."

The Criminal Code, 1892, S.C. 1892, c. 29, s. 269.

[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.

Criminal Code, R.S.C. 1906, c. 146, s. 301.

[Carnally knowing girl under fourteen years.]
301. 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. 55-56 V., c. 29, s. 269.

[Attempt.]
302. 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. 55-56 V., c. 29, s. 270.

Note: the offence "Carnally knowing girl between 14 and 16" was included in the same section as "Carnally knowing girl under fourteen years" by An Act to amend the Criminal Code, S.C. 1919-1920, c. 43, s. 8.

An Act to amend the Criminal Code, S.C. 1919-1920, c. 43, s. 8.

[Carnally knowing girl under fourteen years.]
301. 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.
    [Carnally knowing girl between 14 and 16.]
    (2) Every one is guilty of an indictable offence and liable to imprisonment for five years who carnally knows any girl of previous chaste character under the age of sixteen and above the age of fourteen, not being his wife, and whether he believes her to be above the age of sixteen years or not. No person accused of any offence under this subsection shall be convicted upon the evidence of one witness, unless such witness is corroborated in some material particular by evidence implicating the accused.

Criminal Code, R.S.C. 1927, c. 36, s. 301.

[Carnally knowing girl under fourteen years.]
301. 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.
    [Carnally knowing girl between 14 and 16.]
    2. Every one is guilty of an indictable offence and liable to imprisonment for five years who carnally knows any girl of previous chaste character under the age of sixteen and above the age of fourteen years, not being his wife, and whether he believes her to be above the age of sixteen years or not; but no person accused of any offence under this subsection shall be convicted upon the evidence of one witness, unless such witness is corroborated in some material particular by evidence implicating the accused.
    [Instructions to jury.]
    3. On the trial of any offence against subsection two of this section, the trial judge may instruct the jury that if in their view the evidence does not show that the accused is wholly or chiefly to blame for the commission of said offence, they may find a verdict of acquittal. R.S., c. 146, s. 301; 1920, c. 43, ss. 8 and 17.

[Attempt.]
302. 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. R.S., c. 146, s. 302.

An Act to amend the Criminal Code, S.C. 1934, c. 47, s. 9.

[Carnally knowing girl under fourteen years.]
301. 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.
    2. Every one is guilty of an indictable offence and liable to imprisonment for five years who carnally knows any girl of previous chaste character under the age of sixteen and above the age of fourteen years, not being his wife, and whether he believes her to be above the age of sixteen years or not; but no person accused of any offence under this subsection shall be convicted upon the evidence of one witness, unless such witness is corroborated in some material particular by evidence implicating the accused.
    3. On the trial of any offence against subsection two of this section, the trial judge may instruct the jury that if in their view the evidence does not show that the accused is wholly or chiefly to blame for the commission of said offence, they may find a verdict of acquittal.
    [Previous illicit connection with accused.]
    4. Proof that a girl has on previous occasions had illicit connection with the accused shall not be deemed to be evidence that she was not of previously chaste character. [R.S., c. 146, s. 301; 1920, c. 43, ss. 8 and 17.]

Criminal Code, S.C. 1953-54, c. 51, s. 138.

[Sexual intercourse with female under fourteen.]
138. (1) Every male person who has sexual intercourse with a female person who
        (a) is not his wife, and
        (b) is under the age of fourteen years,
whether or not he believes that she is fourteen years of age or more, is guilty of an indictable offence and is liable to imprisonment for life and to be whipped.
    [Sexual intercourse with female between fourteen and sixteen.]
    (2) Every male person who has sexual intercourse with a female person who
        (a) is not his wife,
        (b) is of previously chaste character, and
        (c) is fourteen years of age or more and is under the age of sixteen years,
whether or not he believes that she is sixteen years of age or more, is guilty of an indictable offence and is liable to imprisonment for five years.
    [Acquittal where accused not chiefly to blame.]
    (3) Where an accused is charged with an offence under subsection (2), the court may find the accused not guilty if it is of opinion that the evidence does not show that, as between the accused and the female person, the accused is wholly or chiefly to blame.

An Act to amend the Criminal Code, S.C. 1959, c. 41, s. 9.

[Sexual intercourse with female under fourteen.]
138. (1) Every male person who has sexual intercourse with a female person who
        (a) is not his wife, and
        (b) is under the age of fourteen years,
whether or not he believes that she is fourteen years of age or more, is guilty of an indictable offence and is liable to imprisonment for life and to be whipped.
    [Sexual intercourse with female between fourteen and sixteen.]
    (2) Every male person who has sexual intercourse with a female person who
        (a) is not his wife,
        (b) is of previously chaste character, and
        (c) is fourteen years of age or more and is under the age of sixteen years,
whether or not he believes that she is sixteen years of age or more, is guilty of an indictable offence and is liable to imprisonment for five years.
    [Acquittal where accused not more to blame than the female person.]
    (3) Where an accused is charged with an offence under subsection (2), the court may find the accused not guilty if it is of opinion that the evidence does not show that, as between the accused and the female person, the accused is more to blame than the female person.

Criminal Code, R.S.C. 1970, c. C-34, s. 146.

[Sexual intercourse with female under fourteen]
146. (1) Every male person who has sexual intercourse with a female person who
        (a) is not his wife, and
        (b) is under the age of fourteen years,
whether or not he believes that she is fourteen years of age or more, is guilty of an indictable offence and is liable to imprisonment for life and to be whipped.
[Sexual intercourse with female between fourteen and sixteen]
    (2) Every male person who has sexual intercourse with a female person who
        (a) is not his wife,
        (b) is of previously chaste character, and
        (c) is fourteen years of age or more and is under the age of sixteen years,
whether or not he believes that she is sixteen years of age or more, is guilty of an indictable offence and is liable to imprisonment for five years.
    [Where accused not more to blame]
    (3) Where an accused is charged with an offence under subsection (2), the court may find the accused not guilty if it is of opinion that the evidence does not show that, as between the accused and the female person, the accused is more to blame than the female person. 1953-54, c. 51, s. 138; 1959, c. 41, s. 9.

Criminal Code, R.S.C. 1985, c. C-46, s. 153.

[Sexual intercourse with female under fourteen]
153. (1) Every male person who has sexual intercourse with a female person who
        (a) is not his wife, and
        (b) is under the age of fourteen years,
whether or not he believes that she is fourteen years of age or more, is guilty of an indictable offence and liable to imprisonment for life.
    [Sexual intercourse with female between fourteen and sixteen]
    (2) Every male person who has sexual intercourse with a female person who
        (a) is not his wife,
        (b) is of previously chaste character, and
        (c) is fourteen years of age or more and is under the age of sixteen years,
whether or not he believes that she is sixteen years of age or more, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
    [Where accused not more to blame]
    (3) Where an accused is charged with an offence under subsection (2), the court may find the accused not guilty if it is of opinion that the evidence does not show that, as between the accused and the female person, the accused is more to blame than the female person. R.S., c. C-34, s. 146; 1972, c. 13, s. 70.

An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 1.

[Repealed. Statute came into force in 1987.]

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