NCJ Number
52711
Date Published
1978
Length
65 pages
Annotation
RECOMMENDATIONS FOR MODIFYING THE SEXUAL OFFENSE PROVISIONS OF CANADA'S CRIMINAL CODE ARE PRESENTED IN A REPORT OF THE LAW REFORM COMMISSION OF CANADA.
Abstract
THREE REASONS FOR REFORMING THE PROVISIONS ARE CITED: THE CODE DOES NOT REFLECT A CONSISTENT VIEW OF THE PROBLEM OF SEXUAL OFFENSES, THE LANGUAGE USED IN THE CODE (E.G., 'PREVIOUSLY CHASTE CHARACTER' AND 'CARNAL KNOWLEDGE') IS ARCHAIC, AND SOCIAL ATTITUDES ABOUT SEXUAL BEHAVIOR HAVE CHANGED DRASTICALLY SINCE THE CODE WAS PROMULGATED. THE PRINCIPLES ON WHICH REFORM RECOMMENDATIONS ARE BASED--PROTECTING THE INTEGRITY OF THE PERSON, PROTECTING CHILDREN AND SPECIAL GROUPS, AND SAFEGUARDING PUBLIC DECENCY--ARE EXPLAINED. RECOMMENDATIONS ARE PRESENTED FOR CHANGES IN THE GENERAL STRUCTURE OF THE CODE AND FOR REDEFINITIONS RELATIVE TO THE FOLLOWING OFFENSES AND MATTERS: RAPE AND INDECENT ASSAULT; IMMUNITY OF SPOUSES; PROTECTION OF MINORS, THE FEEBLEMINDED, AND SPECIAL GROUPS OF PERSONS; INCEST; BUGGERY, BESTIALITY, AND ACTS OF GROSS INDECENCY; OFFENSES TENDING TO CORRUPT MORALS (EXHIBITIONISM, PUBLIC NUDITY, INDECENT EXHIBITIONS, TRESPASSING AT NIGHT); SOLICITING; AND VAGRANCY. THE COMMISSION RECOMMENDS THAT THE WORD 'RAPE' BE ELIMINATED FROM THE CODE, LARGELY BECAUSE THE ACT IN QUESTION IS OF CONCERN DUE TO ITS AGGRESSIVE, RATHER THAN ITS SEXUAL, CHARACTER, AND BECAUSE THE WORD 'RAPE' ATTACHES A MORAL STIGMA TO VICTIMS. TWO DISTINCT OFFENSES ARE CREATED: SEXUAL INTERFERENCE, WHICH CONSISTS OF ANY TOUCHING OF ANOTHER PERSON FOR A SEXUAL PURPOSE WITHOUT HIS OR HER CONSENT; AND SEXUAL AGGRESSION, WHICH INVOLVES ANY ACT OF SEXUAL INTERFERENCE ACCOMPANIED BY BODILY INJURY OR THREAT OF INJURY. THE COMMISSION ALSO RECOMMENDS THAT SPOUSE IMMUNITY FROM PROSECUTION FOR SEXUAL INTERFERENCE OR AGGRESSION BE ELIMINATED, AND THAT PROVISIONS REGARDING CERTAIN SPECIFIC OFFENSES OF A SEXUAL NATURE BE REPEALED OR MODIFIED. THE FULL TEXT OF THE RECOMMENDED LEGISLATIVE CHANGES (INCLUDING PROVISIONAL RECOMMENDATIONS FOR SENTENCES) IS PRESENTED, TOGETHER WITH ANNOTATIONS. (LKM)