Sexual Intercourse with Step-Daughter (Repealed Offence)

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An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 2 repealed in s. 158.

The Criminal Code, 1892

Seduction of a ward, servant, &c.

183. Every one is guilty of an indictable offence and liable to two years’ imprisonment who, being a guardian, seduces or has illicit connection with his ward, and every one who seduces or has illicit connection with any woman or girl of previously chaste character and under the age of twenty-one years who is in his employment in a factory, mill or workshop, or who, being in a common employment with him in such factory, mill or workshop, is, in respect of her employment or work in such factory, mill or workshop, under or in any way subject to his control or direction. 53 V., c. 37, s. 4.

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1900

Criminal Code Amendment Act, 1900, S.C. 1900, c. 46, s. 3, replaced s. 183 with the following:

Seduction of a ward, servant, &c.

183. Every one is guilty of an indictable offence and liable to two years' imprisonment,

(a) who, being a guardian, seduces or has illicit connection with his ward; or

(b) who seduces or has illicit connection with any woman or girl previously chaste and under the age of twenty-one years who is in his employment in a factory, mill, workshop, shop or store, or who, being in a common, but not necessarily similar, employment with him in such factory, mill, workshop, shop or store, is, in respect of her employment or work in such factory, mill, workshop, shop or store, under or in any way subject to his control or direction, or receives her wages or salary directly or indirectly from him.

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Criminal Code, 1906

Penalty

213. Every one is guilty of an indictable offence and liable to two years’ imprisonment,

Seducing ward

(a) who, being a guardian, seduces or has illicit connection with his ward; or

Seducing female employee

(b) who seduces or has illicit connection with any woman or girl previously chaste and under the age of twenty-one years who is in his employment in a factory, mill, workshop, shop or store, or who, being in a common, but not necessarily similar, employment with him in such factory, mill, workshop, shop or store, is, in respect of her employment or work in such factory, mill, workshop, shop or store, under or in any way subject to his control or direction, or receives her wages or salary directly or indirectly from him.

63-64 V., c. 46, s. 3.

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1917

An Act to amend the Criminal Code and the Canada Evidence Act, S.C. 1917, c. 14, s. 2, replaced 213 with the following:

Penalty

213. Every one is guilty of an indictable offence and liable to two years’ imprisonment,

Penalty extended to foster parents

(a) who, being a step-parent or foster parent or guardian, seduces or has illicit connection with his step-child or foster child or ward; or

Seducing female employee

(b) who seduces or has illicit connection with any woman or girl previously chaste and under the age of twenty-one years who is in his employment in a factory, mill, workshop, shop or store, or who, being in a common, but not necessarily similar, employment with him in such factory, mill, workshop, shop or store, is, in respect of her employment or work in such factory, mill, workshop, shop or store, under or in any way subject to his control or direction, or receives her wages or salary directly or indirectly from him.

63-64 V., c. 46, s. 3.

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1919-1920

An Act to amend the Criminal Code, S.C. 1919-1920, c. 43, s. 5, replaced s. 213 with the following:

Penalty

213. Every one is guilty of an indictable offence and liable to two years’ imprisonment,

Penalty extended to foster parents

(a) who, being a step-parent or foster parent or guardian, seduces or has illicit connection with his step-child or foster child or ward; or

Seducing female employee

(b) who seduces or has illicit connection with any girl previously chaste and under the age of twenty-one years who is in his employment, or who, being in a common, but not necessarily similar, employment with him is, in respect of her employment or work, under or in any way subject to his control or direction, or receives her wages or salary directly or indirectly from him. Proof that a girl has on previous occasions had illicit connection with the accused shall not be deemed to be evidence that she was not previously chaste.

63-64 V., c. 46, s. 3.

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Criminal Code, 1927

Penalty

213 (1) Every one is guilty of an indictable offence and liable to two years’ imprisonment

Foster parents

(a) who, being a step-parent or foster parent or guardian, seduces or has illicit connection with his stepchild or foster child or ward; or

Seducing female employees

(b) who seduces or has illicit connection with any girl previously chaste and under the age of twenty-one years who is in his employment, or who, being in a common, but not necessarily similar, employment with him is, in respect of her employment or work, under or in any way subject to his control or direction, or receives her wages or salary directly or indirectly from him; and proof that a girl has on previous occasions had illicit connection with the accused shall not be deemed to be evidence that she was not previously chaste.

(2) On the trial of any offence against paragraph (b) of this section, the trial judge may instruct the jury that if in their view the evidence does not show that the accused is wholly or chiefly to blame for the commission of said offence, they may find a verdict of acquittal.

R.S., c. 146, s. 213; 1917, c. 14, s. 2; 1920, c. 43, ss. 5 and 17.

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1953 Code

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 chiefly to blame

(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.

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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.

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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.

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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.

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