A History of Canadian Sexual Assault Legislation
1900-2000


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Indecent Assault on a Female

The Criminal Code, 1892, S.C. 1892, c. 29, s. 259.

[Indecent assaults on females.]
259. Every one is guilty of an indictable offence and liable to two years’ imprisonment, and to be whipped, who—
    (a) indecently assaults any female, or
    (b) does anything to any female by her consent, which but for such consent would be an indecent assault, such consent being obtained by false and fraudulent representations as to the nature and quality of the act. 53 V., c. 37, s. 12.


Criminal Code, R.S.C. 1906, c. 146, s. 292.

[Offence. Penalty.]
292. Every one is guilty of an indictable offence and liable to two years’ imprisonment, and to be whipped, who,—
    [Indecent assault on female.]
    (a) indecently assaults any female; or,
    [Consent procured by fraud.]
    (b) does anything to any female by her consent which but for such consent would be an indecent assault, if such consent is obtained by false and fraudulent representations as to the nature and quality of the act. 55-56 V., c. 29, s. 259.


An Act to amend the Criminal Code, S.C. 1909, c. 9, s. 2.

[Offence. Penalty.]
292. Every one is guilty of an indictable offence and liable to two years’ imprisonment, and to be whipped, who,—
    [Indecent assault on female.]
    (a) indecently assaults any female; or,
    [Consent procured by fraud.]
    (b) does anything to any female by her consent which but for such consent would be an indecent assault, if such consent is obtained by false and fraudulent representations as to the nature and quality of the act.
    [Assaults on females.]
    (c) assaults and beats his wife or any other female and thereby occasions her actual bodily harm. [55-56 V., c. 29, s. 259.]


Criminal Code, R.S.C. 1927, c. 36, s. 292.

[Offence. Penalty.]
292. Every one is guilty of an indictable offence and liable to two years' imprisonment, and to be whipped, who
    [Indecent assault on female.]
    (a) indecently assaults any female; or
    [Consent procured by fraud.]
    (b) does anything to any female by her consent which but for such consent would be an indecent assault, if such consent is obtained by false and fraudulent representations as to the nature and quality of the act; or
    [Assaults on females.]
    (c) assaults and beats his wife or any other female and thereby occasions her actual bodily harm. R.S., c. 146, s. 292; 1909, c. 9, s. 2.


Criminal Code, S.C. 1953-54, c. 51, s. 141.

[Indecent assault on female.]
141. (1) Every one who indecently assaults a female person is guilty of an indictable offence and is liable to imprisonment for five years and to be whipped.
    [Consent by false representations.]
    (2) An accused who is charged with an offence under subsection (1) may be convicted if the evidence establishes that the accused did anything to the female person with her consent that, but for her consent, would have been an indecent assault, if her consent was obtained by false and fraudulent representations as to the nature and quality of the act.


Criminal Code, R.S.C. 1970, c. C-34, s. 149.

[Indecent assault on female]
149. (1) Every one who indecently assaults a female person is guilty of an indictable offence and is liable to imprisonment for five years and to be whipped.
    [Consent by false representations]
    (2) An accused who is charged with an offence under subsection (1) may be convicted if the evidence establishes that the accused did anything to the female person with her consent that, but for her consent, would have been an indecent assault, if her consent was obtained by false and fraudulent representations as to the nature and quality of the act. 1953-54, c. 51, s. 141.


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. 8.

[Repealed.]

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