A History of Canadian Sexual Assault Legislation
1900-2000


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Consent of Child Under 14

The Criminal Code, 1892, S.C. 1892, c. 29, s. 261.

[Consent of child under fourteen no defence.]
261. It is no defence to a charge or indictment for any indecent assault on a young person under the age of fourteen years to prove that he or she consented to the act of indecency. 53 V., c. 37, s. 7.


Criminal Code, R.S.C. 1906, c. 146, s. 294.

[Consent of child under fourteen no defence.]
294. It is no defence to a charge or indictment for any indecent assault on a young person under the age of fourteen years to prove that he or she consented to the act of indecency. 55-56 V., c. 29, s. 261.


Criminal Code, R.S.C. 1927, c. 36, s.

[Consent of child under fourteen no defence]
294. It is no defence to a charge or indictment for any indecent assault on a young person under the age of fourteen years to prove that he or she consented to the act of indecency. R.S., c. 146, s. 294.


Criminal Code, S.C. 1953-54, c. 51, s. 132.

[Consent of child under fourteen no defence.]
132. Where an accused is charged with an offence under section 138 , 141 or 148 in respect of a person under the age of fourteen years, the fact that the person consented to the commission of the offence is not a defence to the charge.


Criminal Code, R.S.C. 1970, c. C-34, s. 140.

[Consent of child under fourteen no defence]
140. Where an accused is charged with an offence under section 146, 149 or 156 in respect of a person under the age of fourteen years, the fact that the person consented to the commission of the offence is not a defence to the charge. 1953-54, c. 51, s. 132.


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.

[Consent of child under fourteen no defence]
140. Where an accused is charged with an offence under section 146 in respect of a person under the age of fourteen years, the fact that the person consented to the commission of the offence is not a defence to the charge.


Criminal Code, R.S.C. 1985, c. C-46, s. 151.

[Consent of child under fourteen no defence]
151. Where an accused is charged with an offence under section 153 in respect of a person under the age of fourteen years, the fact that the person consented to the commission of the offence is not a defence to the charge. R.S., c. C-34, s. 140; 1980-81-82-83, c. 125, s. 5.


An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 1.

[Repealed. Statute came into force in 1987.]

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