Rape (Repealed Offence): Difference between revisions

From Criminal Law Notebook
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1953-54, c. 51, s. 135.
1953-54, c. 51, s. 135.
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{{quotation1|
144. Every one who commits rape is guilty of an indictable offence and is liable to imprisonment for life and to be whipped.  
144. Every one who commits rape is guilty of an indictable offence and is liable to imprisonment for life and to be whipped.  
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<br>
1953-54, c. 51, s. 136.
1953-54, c. 51, s. 136.
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{{quotation1|
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.  
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.  
<br>
<br>
1953-54, c. 51, s. 137.
1953-54, c. 51, s. 137.
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==See Also==
==See Also==
* [http://www.constancebackhouse.ca/fileadmin/website/offence.html Constance Backhouse list of offences]
* [http://www.constancebackhouse.ca/fileadmin/website/offence.html Constance Backhouse list of offences]

Revision as of 12:00, 2 May 2020

Offence

"Rape" as an offence was repealed and replaced by Sexual Assault (Offence) in 1982.

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

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

See Also