Sexual Intercourse with Step-Daughter (Repealed Offence)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An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 2 repealed in s. 158.
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.
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1959 Amendment
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 more to blame than the female person.
–
1970 Code
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.
(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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