A History of Canadian Sexual Assault Legislation
1900-2000

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Incest

The Criminal Code, 1892, S.C. 1892, c. 29, s. 176.

[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.

Criminal Code, R.S.C. 1906, c. 146, s. 204.

[Incest]
204. 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:
[Effect of compulsion]
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. 55-56 v., c. 29, s. 176.

Criminal Code, R.S.C. 1927, c. 36, s. 204.

[Incest.]
204. 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:
[Effect of compulsion.]
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. R.S., c. 146, s. 204.

An Act to amend the Criminal Code, S.C. 1934, c. 47, s. 6.

[Incest.]
204. 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:
[Effect of compulsion.]
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.
    ["Brother" and "Sister."]
    2. In this section the expressions "brother" and "sister" respectively include half-brother and half-sister.

Criminal Code, R.S.C. 1953-54, c. 51, s. 142.

[Incest.]
142. (1) Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person.
    [Punishment.]
    (2) Every one who commits incest is guilty of an indictable offence and is liable to imprisonment for fourteen years, and in the case of a male person is liable, in addition, to be whipped.
    [Compulsion of female.]
    (3) Where a female person is convicted of an offence under this section and the court is satisfied that she committed the offence by reason only that she was under restraint, duress or fear of the person with whom she had the sexual intercourse, the court is not required to impose any punishment upon her.
    [“Brother.” “Sister.”]
    (4) In this section, “brother” and “sister”, respectively, include half-brother and half-sister.

Criminal Code, R.S.C. 1970, c. C-34, s. 150.

[Incest]
150. (1) Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person.
    [Punishment]
    (2) Every one who commits incest is guilty of an indictable offence and is liable to imprisonment for fourteen years, and in the case of a male person is liable, in addition, to be whipped.
    [Compulsion of female]
    (3) Where a female person is convicted of an offence under this section and the court is satisfied that she committed the offence by reason only that she was under restraint, duress or fear of the person with whom she had the sexual intercourse, the court is not required to impose any punishment upon her.
    ["Brother" "sister"]
    (4) In this section, "brother" and "sister", respectively, include half-brother and half-sister. 1953-54, c. 51, s. 142.

Criminal Law Amendment Act, 1972, S.C. 1972, c. 13, s. 10.

[Incest]
150. (1) Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person.
[Punishment]
    (2) Every one who commits incest is guilty of an indictable offence and is liable to imprisonment for fourteen years.
[Compulsion of female]
    (3) Where a female person is convicted of an offence under this section and the court is satisfied that she committed the offence by reason only that she was under restraint, duress or fear of the person with whom she had the sexual intercourse, the court is not required to impose any punishment upon her.
["Brother" "sister"]
    (4) In this section, "brother" and "sister", respectively, include half-brother and half-sister. 1953-54, c. 51, s. 142.

Criminal Code, R.S.C. 1985, c. C-46, s. 155.

[Incest]
155. (1) Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person.
    [Punishment]
    (2) Every one who commits incest is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
    [Compulsion of female]
    (3) Where a female person is convicted of an offence under this section and the court is satisfied that she committed the offence by reason only that she was under restraint, duress or fear of the person with whom she had the sexual intercourse, the court is not required to impose any punishment on her.
    [Definition of “brother” and “sister”]
    (4) In this section, “brother” and “sister”, respectively, include half-brother and half-sister. R.S., c. C-34, s. 150; 1972, c. 13, s. 10.

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