Sexual Intercourse with Step-Daughter (Repealed Offence): Difference between revisions

Revision as of 12:06, 2 May 2020

< Criminal Law
< Legislative History

Offence

An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 2 repealed in s. 158.

1953 Code

145. (1) Every male person who

(a) has illicit sexual intercourse with his step-daughter, foster daughter or female ward; or

(b) has illicit sexual intercourse with a female person of previously chaste character and under the age of twenty-one years who
(i) is in his employment,

(ii) is in a common, but not necessarily similar, employment with him and is, in respect of her employment or work, under or in any way subject to his control or direction, or

(iii) receives her wages or salary directly or indirectly from him,

is guilty of an indictable offence and is liable to imprisonment for two years.
(2) Where an accused is charged with an offence under paragraph (b) of subsection (1), 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 the blame.

–

1959 Amendment

An Act to amend the Criminal Code, S.C. 1959, c. 41, s. 10, replaced s. 145 with the following:

Sexual intercourse with step-daughter, etc. 145. (1) Every male person who

(a) has illicit sexual intercourse with his step-daughter, foster daughter or female ward; or

Sexual intercourse with female employee

(b) has illicit sexual intercourse with a female person of previously chaste character and under the age of twenty-one years who
(i) is in his employment,

(ii) is in a common, but not necessarily similar, employment with him and is, in respect of her employment or work, under or in any way subject to his control or direction, or

(iii) receives her wages or salary directly or indirectly from him,

is guilty of an indictable offence and is liable to imprisonment for two years.

Acquittal where accused not more to blame than the female person

(2) Where an accused is charged with an offence under paragraph (b) of subsection (1), 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.

–

1970 Code

Sexual intercourse with step-daughter, etc., or female employee

153. (1) Every male person who

(a) has illicit sexual intercourse with his step-daughter, foster daughter or female ward, or

(b) has illicit sexual intercourse with a female person of previously chaste character and under the age of twenty-one years who
(i) is in his employment,

(ii) is in a common, but not necessarily similar, employment with him and is, in respect of her employment or work, under or in any way subject to his control or direction, or

(iii) receives her wages or salary directly or indirectly from him,

is guilty of an indictable offence and is liable to imprisonment for two years.

Where accused not more to blame

(2) Where an accused is charged with an offence under paragraph (1)(b), 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. 145; 1959, c. 41, s. 10.

–

1985 Code

Sexual intercourse with step-daughter, etc., or female employee

158. (1) Every male person who

(a) has illicit sexual intercourse with his step-daughter, foster daughter or female ward, or

(b) has illicit sexual intercourse with a female person of previously chaste character and under the age of twenty-one years who
(i) is in his employment,

(ii) is in a common, but not necessarily similar, employment with him and is, in respect of her employment or work, under or in any way subject to his control or direction, or

(iii) receives her wages or salary directly or indirectly from him,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Where accused not more to blame

(2) Where an accused is charged with an offence under paragraph (1)(b), 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. 153.

–

@@ Line 17: / Line 17: @@
 |}}
 ===1959 Amendment===
+An Act to amend the Criminal Code, S.C. 1959, c. 41, s. 10, replaced s. 145 with the following:
 {{quotation1|
+Sexual intercourse with step-daughter, etc.
 . (1) Every male person who
 :(a) has illicit sexual intercourse with his step-daughter, foster daughter or female ward; or
+; Sexual intercourse with female employee
 :(b) has illicit sexual intercourse with a female person of previously chaste character and under the age of twenty-one years who
 ::(i) is in his employment,
@@ Line 26: / Line 29: @@
 is guilty of an indictable offence and is liable to imprisonment for two years.
+; Acquittal where accused not more to blame than the female person
 (2) Where an accused is charged with an offence under paragraph (b) of subsection (1), 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.
 |}}