A History of Canadian Sexual Assault Legislation
1900-2000


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Special Provisions

Criminal Code, S.C. 1953-54, c. 51, s. 131.

[Corroboration.]
131. (1) No accused shall be convicted of an offence under section 140, 142, 143, 144, 145, 146 or 155 upon the evidence of only one witness unless the evidence of the witness is corroborated in a material particular by evidence that implicates the accused.
    [Marriage a defence.]
    (2) No accused shall be convicted of an offence under section 144, paragraph (b) of section 145 or section 146 where he proves that, subsequent to the time of the alleged offence, he married the person in respect of whom he is alleged to have committed the offence.
    [Burden of proof.]
    (3) In proceedings for an offence under subsection (2) of section 138 or section 143, 144 or paragraph (b) of section 145 the burden of proving that the female person in respect of whom the offence is alleged to have been committed was not of previously chaste character is upon the accused.
    [Previous sexual intercourse with accused.]
    (4) In proceedings for an offence under subsection (2) of section 138 or under section 143 or paragraph (b) of section 145, evidence that the accused had, prior to the time of the alleged offence, sexual intercourse with the female person in respect of whom the offence is alleged to have been committed shall be deemed not to be evidence that she was not of previously chaste character.


Criminal Code, R.S.C. 1970, c. C-34, s. 139.

[Corroboration]
139. (1) No accused shall be convicted of an offence under section 148, 150, 151, 152, 153, 154, or 166 upon the evidence of only one witness unless the evidence of the witness is corroborated in a material particular by evidence that implicates the accused.
[Marriage a defence]
   (2) No accused shall be convicted of an offence under section 152, paragraph 153(b) or section 154 where he proves that, subsequent to the time of the alleged offence, he married the person in respect of whom he is alleged to have committed the offence.
[Burden of proof]
   (3) In proceedings for an offence under subsection 146(2) or section 151, 152 or paragraph 153(b) the burden of proving that the female person in respect of whom the offence is alleged to have been committed was not of previously chaste character is upon the accused.
[Previous sexual intercourse with accused]
   (4) In proceedings for an offence under subsection 146(2) or under section 151 or paragraph 153(b), evidence that the accused had, prior to the time of the alleged offence, sexual intercourse with the female person in respect of whom the offence is alleged to have been committed shall be deemed not to be evidence that she was not of previously chaste character. 1953-54, c. 51, s. 131.


An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 5.

[Repealed.]

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