A History of Canadian Sexual Assault Legislation
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Unlawfully Defiling Women |
The Criminal Code, 1892, S.C. 1892, c. 29, s. 185.[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. Note: Name of offence changed from "Unlawfully defiling women" to "Procuring." Criminal Code, R.S.C. 1906, c. 146, s. 216.[Penalty]216. Every one is guilty of an indictable offence and liable to two years’ imprisonment with hard labour, who,— [Procuring girl for defilement.] (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, [Enticing girl to house of ill-fame.] (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, [Procuring girl for prostitution.] (c) procures, or attempts to procure, any woman or girl to become, either within or without Canada, a common prostitute; or, [To leave Canada for the purpose.] (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 [To come into Canada for the purpose.] (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, [To leave her abode for the purpose.] (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 [Carnal connection by threats.] (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, [By false pretenses.] (h) by false pretenses 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 [Administering drugs for the purpose.] (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. 55-56 V., c. 29, s. 185. Criminal Code, R.S.C. 1927, c. 36, s. 216.[Procuring. Drugs. Living on earnings of prostitution.216. Every one is guilty of an indictable offence and shall be liable to ten years' imprisonment and on any second or subsequent conviction shall also be liable to be whipped in addition to such imprisonment who (a) procures or attempts to procure or solicits any girl or woman to have unlawful carnal connection, either within or without Canada, with any other person or persons; or (b) inveigles or entices any woman or girl not being a common prostitute or of known immoral character to a common bawdy or assignation house for the purpose of illicit intercourse or prostitution; or (c) knowingly conceals any woman or girl in any common bawdy or assignation house; or (d) procures or attempts to procure any woman or girl to become, either within or without Canada, a common prostitute; or (e) procures or attempts to procure any woman or girl to leave her usual place of abode in Canada, such place not being a common bawdy house, with intent that she may become an inmate or frequenter of a common bawdy house within or without Canada; or (f) on the arrival of any woman or girl in Canada, directs or causes her to be directed, takes or causes her to be taken, to any common bawdy house or house of assignation; or (g) procures any woman or girl to come to Canada, or to leave Canada, for the purpose of prostitution; or (h) 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 (i) for the purposes of gain, exercises control, direction or influence over the movements of any woman or girl in such a manner as to show that he is aiding, abetting or compelling her prostitution with any person or generally; or (j) by false pretences or false representations procures any woman or girl to have any unlawful carnal connection, either within or without Canada; or (k) 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; or, (l) being a male person, lives wholly or in part on the earnings of prostitution. [Evidence.] 2. Where a male person is proved to live with or to be habitually in the company of a prostitute or prostitutes, and has no visible means of support, or to live in a house of prostitution, he shall, unless he can satisfy the court to the contrary, be deemed to be living on the earnings of prostitution. 1913, c. 13, s. 9; 1920, c. 43, s. 18. |
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