History of Sexual Assault

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This page was last substantively updated or reviewed January 2020. (Rev. # 92602)

History

See also: List of Criminal Code Amendments and Sexual Assault (Offence)

2015 to present

On July 17, 2015, the Tougher Penalties for Child Predators Act (Bill C-26) came into force resulting in an increase of the minimum and maximum penalties for convictions where the victim is under the age of 16 years. On summary conviction, the minimum penalty increased from 90 days to 6 months. The maximum penalties increased from 18 months to 2 years less a day. On indictable election, the maximum penalties increased from 10 years to 14 years.

Sexual assault

271 Everyone who commits a sexual assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

R.S., 1985, c. C-46, s. 271; R.S., 1985, c. 19 (3rd Supp.), s. 10; 1994, c. 44, s. 19; 2012, c. 1, s. 25; 2015, c. 23, s. 14.

– CCC (CanLII), (DOJ)

Changes from 2015 underlined.

2012 to 2015

On August 9, 2012, s. 271 was amended to add a mandatory minimum of 90 days on summary conviction and 1 year on indictable election where the complainant is under the age of 16.

Sexual assault

271. Everyone who commits a sexual assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding 10 years and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of one year; or

(b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding 18 months and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of 90 days.

R.S., 1985, c. C-46, s. 271; R.S., 1985, c. 19 (3rd Supp.), s. 10; 1994, c. 44, s. 19; 2012, c. 1, s. 25.

– CCC

Changes from 2012 underlined.

1994 to 2012

Sexual assault

271 (1) Every one who commits a sexual assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

(2) [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 10]
R.S., 1985, c. C-46, s. 271; R.S., 1985, c. 19 (3rd Supp.), s. 10; 1994, c. 44, s. 19.

– CCC

Changes from 1994 underlined.

1985 to 1994

Sexual assault

271. (1) Every one who commits a sexual assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

(b) an offence punishable on summary conviction.

No defence

(2) [Repealed]
R.S., 1985, c. C-46, s. 271

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Changes from 1985 underlined.

1980 to 1985

Sexual assault

246.1 (1) Every one who commits a sexual assault is guilty of

(a) an indictable offence and is liable to imprisonment for ten years; or

(b) an offence punishable on summary conviction.

No defence

(2) Where an accused is charged with an offence under subsection (1) or section 246.2 or 246.3 [aggravated sexual assault] in respect of a person under the age of fourteen years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge unless the accused is less than three years older than the complainant.

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Attempted Carnal Knowledge of Girl Under Fourteen

Attempted Carnal Knowledge of Girl Under Fourteen (s. 302/270): repealed around 1953

The revised Criminal Code, R.S.C. 1927, c. 36, s. 302 stated:

Attempt

302. Every one who attempts to have unlawful carnal knowledge of any girl under the age of fourteen years is guilty of an indictable offence and liable to two years' imprisonment, and to be whipped.
R.S., c. 146, s. 302.

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The Revised Criminal Code, R.S.C. 1906, c. 146, s. 302 stated:

Attempt

302. Every one who attempts to have unlawful carnal knowledge of any girl under the age of fourteen years is guilty of an indictable offence and liable to two years’ imprisonment, and to be whipped. 55-56 V., c. 29, s. 270.

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The Criminal Code of 1892, S.C. 1892, c. 29, s. 270 stated:

Attempt to commit such offence

270. Every one who attempts to have unlawful carnal knowledge of any girl under the age of fourteen years is guilty of an indictable offence and liable to two years’ imprisonment, and to be whipped. 53 V., c. 37, s. 12.

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Defiling

Defiling (Repealed Offence)