History of Incest (Offence)
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History
1985 to 2012
By 1985, c. 27 (1st Supp.), s. 21, the provision read as follows:
- Incest
155 (1) Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person.
- Punishment
(2) Every one who commits incest is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
- Defence
(3) No accused shall be determined by a court to be guilty of an offence under this section if the accused was under restraint, duress or fear of the person with whom the accused had the sexual intercourse at the time the sexual intercourse occurred.
Definition of “brother” and “sister”
(4) In this section, “brother” and “sister”, respectively, include half-brother and half-sister.
R.S., 1985, c. C-46, s. 155; R.S., 1985, c. 27 (1st Supp.), s. 21.– CCC
Criminal Code, 1985
- Incest 155 (1) Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person.
- Punishment
(2) Every one who commits incest is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
- Compulsion of female
(3) Where a female person is convicted of an offence under this section and the court is satisfied that she committed the offence by reason only that she was under restraint, duress or fear of the person with whom she had the sexual intercourse, the court is not required to impose any punishment on her.
- Definition of “brother” and “sister”
(4) In this section, “brother” and “sister”, respectively, include half-brother and half-sister.
R.S., c. C-34, s. 150; 1972, c. 13, s. 10.
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1972
Criminal Law Amendment Act, 1972, S.C. 1972, c. 13, s. 10, replaced 150 with the following:
- Incest
150 (1) Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person.
- Punishment
(2) Every one who commits incest is guilty of an indictable offence and is liable to imprisonment for fourteen years.
- Compulsion of female
(3) Where a female person is convicted of an offence under this section and the court is satisfied that she committed the offence by reason only that she was under restraint, duress or fear of the person with whom she had the sexual intercourse, the court is not required to impose any punishment upon her.
- "Brother" "sister"
(4) In this section, "brother" and "sister", respectively, include half-brother and half-sister.
1953-54, c. 51, s. 142.
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Criminal Code, 1970
- Incest
150 (1) Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person.
- Punishment
(2) Every one who commits incest is guilty of an indictable offence and is liable to imprisonment for fourteen years, and in the case of a male person is liable, in addition, to be whipped.
- Compulsion of female
(3) Where a female person is convicted of an offence under this section and the court is satisfied that she committed the offence by reason only that she was under restraint, duress or fear of the person with whom she had the sexual intercourse, the court is not required to impose any punishment upon her.
- "Brother" "sister"
(4) In this section, "brother" and "sister", respectively, include half-brother and half-sister.
1953-54, c. 51, s. 142.
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Criminal Code, 1953-54
- Incest
142 (1) Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person.
- Punishment
(2) Every one who commits incest is guilty of an indictable offence and is liable to imprisonment for fourteen years, and in the case of a male person is liable, in addition, to be whipped.
- Compulsion of female
(3) Where a female person is convicted of an offence under this section and the court is satisfied that she committed the offence by reason only that she was under restraint, duress or fear of the person with whom she had the sexual intercourse, the court is not required to impose any punishment upon her.
- “Brother” “Sister”
(4) In this section, “brother” and “sister”, respectively, include half-brother and half-sister.
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1934
An Act to amend the Criminal Code, S.C. 1934, c. 47, s. 6, replaced 240 with the following:
- Incest
204. Every parent and child, every brother and sister, and every grandparent and grandchild, who cohabit or have sexual intercourse with each other, shall each of them, if aware of their consanguinity, be deemed to have committed incest, and be guilty of an indictable offence and liable to fourteen years' imprisonment, and the male person shall also be liable to be whipped:
- Effect of compulsion
Provided that, if the court or judge is of opinion that the female accused is a party to such intercourse only by reason of the restraint, fear or duress of the other party, the court or judge shall not be bound to impose any punishment on such person under this section.
- "Brother" and "Sister"
2. In this section the expressions "brother" and "sister" respectively include half-brother and half-sister.
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Criminal Code, 1927
- Incest
204. Every parent and child, every brother and sister, and every grandparent and grandchild, who cohabit or have sexual intercourse with each other, shall each of them, if aware of their consanguinity, be deemed to have committed incest, and be guilty of an indictable offence and liable to fourteen years’ imprisonment, and the male person shall also be liable to be whipped:
- Effect of compulsion
Provided that, if the court or judge is of opinion that the female accused is a party to such intercourse only by reason of the restraint, fear or duress of the other party, the court or judge shall not be bound to impose any punishment on such person under this section.
R.S., c. 146, s. 204.
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Criminal Code, 1906
- Incest
204. Every parent and child, every brother and sister, and every grandparent and grandchild, who cohabit or have sexual intercourse with each other, shall each of them, if aware of their consanguinity, be deemed to have committed incest, and be guilty of an indictable offence and liable to fourteen years’ imprisonment, and the male person shall also be liable to be whipped:
- Effect of compulsion
Provided that, if the court or judge is of opinion that the female accused is a party to such intercourse only by reason of the restraint, fear or duress of the other party, the court or judge shall not be bound to impose any punishment on such person under this section.
55-56 v., c. 29, s. 176.
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Criminal Code, 1892
- Incest
176. Every parent and child, every brother and sister, and every grandparent and grandchild, who cohabit or have sexual intercourse with each other, shall each of them, if aware of their consanguinity, be deemed to have committed incest, and be guilty of an indictable offence and liable to fourteen years’ imprisonment, and the male person shall also be liable to be whipped: Provided that, if the court or judge is of opinion that the female accused is a party to such intercourse only by reason of the restraint, fear or duress of the other party, the court or judge shall not be bound to impose any punishment on such person under this section.
53 V., c. 37, s. 8.
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