A History of Canadian Sexual Assault Legislation
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Sexual Intercourse with Feeble-Minded, Etc. |
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Note: This offence was originally named "Carnally knowing idiots, etc." The Criminal Code, 1892, S.C. 1892, c. 29, s. 189.[Carnally knowing idiots, &c.]189. Every one is guilty of an indictable offence and liable to four years’ imprisonment who unlawfully and carnally knows, or attempts to have unlawful carnal knowledge of, any female idiot or imbecile, insane or deaf and dumb woman or girl, under circumstances which do not amount to rape but which prove that the offender knew, at the time of the offence, that the woman or girl was an idiot, or imbecile, or insane or deaf and dumb. R.S.C., c. 157, s. 3; 50-51 V., c. 48, s. 1. The Criminal Code Amendment Act, 1900, S.C. 1900, c. 46, s. 3.[Carnally knowing idiots, &c.]189. Every one is guilty of an indictable offence and liable to four years' imprisonment who unlawfully and carnally knows, or attempts to have unlawful carnal knowledge of, any female idiot or imbecile, insane or deaf and dumb woman or girl, under circumstances which do not amount to rape but where the offender knew or had good reason to believe, at the time of the offence, that the woman or girl was an idiot, or imbecile, or insane or deaf and dumb. Criminal Code, R.S.C. 1906, c. 146, s. 219.[Carnally knowing idiots.]219. Every one is guilty of an indictable offence and liable to four years’ imprisonment who unlawfully and carnally knows, or attempts to have unlawful carnal knowledge of, any female idiot or imbecile, insane or deaf and dumb woman or girl, under circumstances which do not amount to rape but where the offender knew or had good reason to believe, at the time of the offence, that the woman or girl was an idiot, or imbecile, or insane or deaf and dumb. 63-64 V., c. 46, s. 3. An Act to amend the Criminal Code, S.C. 1922, c. 16, s. 10(2).[Carnally knowing idiots.]219. Every one is guilty of an indictable offence and liable to four years’ imprisonment who unlawfully and carnally knows, or attempts to have unlawful carnal knowledge of, any female idiot or imbecile, insane or deaf and dumb or feeble-minded woman or girl, under circumstances which do not amount to rape but where the offender knew or had good reason to believe, at the time of the offence, that the woman or girl was an idiot, or imbecile, or insane or deaf and dumb or feeble-minded. 63-64 V., c. 46, s. 3. Criminal Code, R.S.C. 1927, c. 36, s. 219.[Carnally knowing idiots.]219. Every one is guilty of an indictable offence and liable to four years' imprisonment who unlawfully and carnally knows, or attempts to have unlawful carnal knowledge of, any female idiot or imbecile, insane or deaf and dumb or feeble-minded woman or girl, under circumstances which do not amount to rape but where the offender knew or had good reason to believe, at the time of the offence, that the woman or girl was an idiot, or imbecile, or insane or deaf and dumb or feeble-minded. R.S., c. 146, s. 219; 1922, c. 16, s. 10. Criminal Code, S.C. 1953-54, c. 51, s. 140.[Sexual intercourse with feeble-minded, etc.]140. Every male person who, under circumstances that do not amount to rape, has sexual intercourse with a female person (a) who is not his wife, and (b) who is and who he knows or has good reason to believe is feeble-minded, insane, or is an idiot or imbecile, is guilty of an indictable offence and is liable to imprisonment for five years. Criminal Code, R.S.C. 1970, c. C-34, s. 148.[Sexual intercourse with feeble-minded, etc.]148. Every male person who, under circumstances that do not amount to rape, has sexual intercourse with a female person (a) who is not his wife, and (b) who is and who he knows or has good reason to believe is feeble-minded, insane, or is an idiot or imbecile, is guilty of an indictable offence and is liable to imprisonment for five years. 1953-54, c. 51, s. 140. An Act to amend the Criminal Code in relation to sexual offence and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 8.[Repealed.] |
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