NCJ Number
47796
Date Published
1978
Length
77 pages
Annotation
THE VIEWPOINTS AND RECOMMENDATIONS OF CANADA'S LAW REFORM COMMISSION REGARDING SEXUAL OFFENSES ARE PRESENTED.
Abstract
THIS PAPER ATTEMPTS TO DEVISE NEW, MORE CONCISE FORMULATIONS OF SEXUAL OFFENSES FOR THE CRIMINAL CODE OF CANADA, TO ADAPT THE LAW TO MODERN CANADIAN SOCIETY, AND TO EXAMINE THE ROLE OF THE CANADIAN CRIMINAL LAW IN RELATION TO SEXUAL CONDUCT. IT IS MAINTAINED THAT THE CRIMINAL CODE REGARDING SEXUAL OFFENSES IS IN NEED OF REFORM. SOME OF THE OFFENSES ARE RARELY CHARGED WHILE OTHERS REFLECT OUTDATED ATTITUDES. MANY SEXUAL OFFENSES NO LONGER ACCURATELY REFLECT THE REALITY OF PRESENT DAY SEXUAL BEHAVIOR. SIMPLIFICATION AND CLARIFICATION OF THE CRIMINAL CODE IS IN ORDER. THREE ORGANIZING PRINCIPLES ARE THE BASIS FOR THIS ANALYSIS: (1) THE PROTECTION OF THE INTEGRITY OF THE PERSON, (2) THE PROTECTION OF CHILDREN AND SPECIAL GROUPS, AND (3) THE SAFEGUARDING OF PUBLIC DECENCY. THE ANALYSIS LEADS THE AUTHORS TO CONCLUDE THAT SOME OFFENSES SHOULD BE REMOVED FROM THE PRESENT CODE, WHILE OTHERS SHOULD BE REDRAFTED TO MORE ACCURATELY REFLECT CONTEMPORARY ATTITUDES ABOUT SEXUAL BEHAVIOR IN CANADA. SPECIFIC RECOMMENDATIONS FOR THE CRIMINAL CODE ARE LISTED, AND EACH OFFENSE CATEGORY IS ASSESSED. IT IS MAINTAINED THAT THE RESULT OF A REFORMULATION OF THE CODE IN ACCORDANCE WITH THESE RECOMMENDATIONS WILL RESULT IN A SIMPLIFIED CODE THAT STATES ITS PRINCIPLES CLEARLY. REFORMULATIONS ARE CALLED FOR IN CASES OF RAPE, INDECENT ASSAULT, INCEST, DISORDERLY CONDUCT, SOLICITATION, AND OTHERS. A COMPARISON BETWEEN SECTIONS OF THE CRIMINAL CODE AND RECOMMENDED REFORMULATIONS IS APPENDED. A FRENCH TRANSLATION ACCOMPANIES THE ENGLISH. (AUTHOR ABSTRACT MODIFIED--MLC)