BACKGROUND NOTES ON THE PROPOSED AMENDMENTS TO THE CRIMINAL CODE IN RESPECT OF INDECENT ASSAULT (BILL C-52) - CANADA

• NCJ Number: 61593
• Author(s): M H RIOUX; J L MCGADYEN
• Date Published: 1978
• Length: 29 pages
• Corporate Author: Advisory Council on the Status of Women
• Sale Source: National Institute of Justice/
• Language: English
• Country: Canada

Annotation

THE PROPOSED REVISIONS OF CANADIAN LAWS CONCERNING RAPE ARE ANALYZED AND AMENDMENTS ARE SUGGESTED BY THE ADVISORY COUNCIL ON THE STATUS OF WOMEN.

Abstract

THE LEGISLATION REMOVES RAPE FROM THE CRIMINAL CODE AND EXPANDS THE CRIME OF INDECENT ASSAULT TO INCLUDE FORCIBLE SEXUAL PENETRATION OF ANY BODY ORIFICE, APPLICABLE TO BOTH SEXES. A NEW OFFENSE OF AGGRAVATED INDECENT ASSAULT FOR USE IN CASES OF SEVERE PHYSICAL OR PSYCHOLOGICAL DAMAGE IS PROPOSED. THE CHANGES IN THE CRIMINAL CODE ARE EXPLAINED ON A CLAUSE-BY-CLAUSE BASIS. CRITICISMS OF THE LEGISLATION ARE BASED ON RECOMMENDATIONS MADE IN 1976 BY THE ADVISORY COUNCIL ON THE STATUS OF WOMEN OF THE FEDERAL GOVERNMENT OF CANADA ON REFORMING LAWS RELATING TO SEXUAL OFFENSES. THE LEGISLATION ONLY CHANGES CERTAIN SECTIONS AND DOES NOT DEAL WITH ALL SEXUAL OFFENSES IN THE CODE. THE PROVISIONS ON RAPE CONTINUE TO BE PART OF THE CODE DEALING WITH SEXUAL OFFENSES AND SHOULD BE MOVED TO THE SECTION CONCERNED WITH VIOLENT CRIMES AGAINST THE PERSON. THE TERMS SEXUAL PENETRATION AND INDECENT ASSAULT NEED TO BE CLARIFIED. EXTORTION OF CONSENT SHOULD EXPLICITLY INCLUDE FEAR OF BODILY HARM TO SIGNIFICANT OTHERS AS WELL AS ONESELF. THE DIFFERENTIATION BETWEEN INDECENT AND AGGRAVATED INDECENT ASSAULT SHOULD TAKE INTO ACCOUNT CIRCUMSTANCES AS WELL AS EFFECT, SO THAT AN ARMED ATTACK WOULD BE AGGRAVATED ASSAULT EVEN IF NO DAMAGE ENSUED. THE PROPOSED MAXIMUM SENTENCES ARE TOO SEVERE AND COULD PREJUDICE JUDGES AND JURIES AGAINST CONVICTION. SPOUSES LIVING TOGETHER ARE EXEMPT FROM THE LAW CONCERNING INDECENT ASSAULT AND THIS DENIES NEEDED PROTECTION TO BATTERED WIVES. THE NEW LAW DOES NOT PROVIDE ADEQUATE RESTRICTIONS ON QUESTIONING A COMPLAINANT ABOUT PREVIOUS SEXUAL CONDUCT. MENTALLY HANDICAPPED SHOULD BE REMOVED FROM THE CRIMINAL CODE. CERTAIN PROCEDURAL CHANGES HAVE TO BE INSTITUTED IF THE NEW LEGISLATION IS TO BE EFFECTIVE: JUDGES SHOULD BE REQUIRED TO JUSTIFY GRANTING AN ORDER TO EXCLUDE THE PUBLIC FROM THE COURT, INDECENT ASSAULT MUST BE ADDED TO THE LIST OF CRIMES FOR WHICH VICTIM COMPENSATION IS AVAILABLE, RAPE AND OTHER CRISIS CENTERS SHOULD RECEIVE REGULAR GOVERNMENT FUNDING, AND POLICE OFFICERS SHOULD BE GIVEN SPECIAL TRAINING FOR HANDLING SEXUAL OFFENSES. (MJM)