Rape (Repealed Offence)

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Offence

"Rape" as an offence was repealed and replaced by Sexual Assault (Offence) in 1982.

1970 Code

143. A male person commits rape when he has sexual intercourse with a female person who is not his wife,

(a) without her consent, or

(b) with her consent if the consent

(i) is extorted by threats or fear of bodily harm,

(ii) is obtained by personating her husband, or

(iii) is obtained by false and fraudulent representations as to the nature and quality of the act.

1953-54, c. 51, s. 135.

– N/A

144. Every one who commits rape is guilty of an indictable offence and is liable to imprisonment for life and to be whipped.
1953-54, c. 51, s. 136.

– N/A

145. Every one who attempts to commit rape is guilty of an indictable offence and is liable to imprisonment for ten years and to be whipped.
1953-54, c. 51, s. 137.

– N/A

1952 Code

135. A male person commits rape when he has sexual intercourse with a female person who is not his wife,

(a) without her consent, or

(b) with her consent if the consent

(i) is extorted by threats or fear of bodily harm

(ii) is obtained by personating her husband, or

(iii) is obtained by false and fraudulent representations as to the nature and quality of the act.

– N/A

136. Every one who commits rape is guilty of an indictable offence and is liable to imprisonment for life and to be whipped.

– N/A

137. Every one who attempts to commit rape is guilty of an indictable offence and is liable to imprisonment for ten years and to be whipped.

– N/A

1893

An Act to amend the Criminal Code, 1892, S.C. 1893, c. 32, s. 1.

Rape defined

266. Rape is the act of a man having carnal knowledge of a woman who is not his wife without her consent, or with consent which has been extorted by threats or fear of bodily harm, or obtained by personating the woman’s husband, or by false and fraudulent representations as to the nature and quality of the act.

2. No one under the age of fourteen years can commit this offence.

R.S.C., c. 174, s. 226.

–

1892

The Criminal Code, 1892, S.C. 1892, c. 29, s. 266.

Rape defined

266. Rape is the act of a man having carnal knowledge of a woman who is not his wife without her consent, or with consent which has been extorted by threats or fear of bodily harm, or obtained by personating the woman’s husband, or by false and fraudulent representations as to the nature and quality of the act.

2. No one under the age of fourteen years can commit this offence.

3. Carnal knowledge is complete upon penetration to any, even the slightest degree, and even without the emission of seed.

R.S.C., c. 174, s. 226.

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Punishment for rape

267. Every one who commits rape is guilty of an indictable offence and liable to suffer death, or imprisonment for life.

R.S.C., c. 162, s. 37.

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Attempt to commit rape

268. Every one is guilty of an indictable offence and liable to seven years’ imprisonment who attempts to commit rape.

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See Also

• Constance Backhouse list of offences