bobistheowl
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This link: https://www.constancebackhouse.ca/fileadmin/website/1915.htm
Shows the history of Canadian Sexuality Legislation from 1900 - 2000.
Here are selected excerpts from the Canadian Criminal Code in effect, 100 years ago, in 1915, with my commentary in red. I'll comment on the maximum penalty that could be legally applied, at the discretion and interpretation of a trial or sentencing judge.
INTERPRETATION.
[Carnal knowledge.]
7. Carnal knowledge is complete upon penetration to any, even the slightest degree, and even without the emission of seed. 55-56 V., c. 29, s. 266.
PART V.
OFFENCES AGAINST RELIGION, MORALS AND PUBLIC CONVENIENCE.
Offences Against Morality
[Buggery.]
202. Every one is guilty of an indictable offence and liable to imprisonment for life who commits buggery, either with a human being or with any other living creature. 55-56 V., c. 29, s. 174.
"Buggery" is penetrative anal sex. A man could be imprisoned for life, for being the 'top', in anal sex with anything alive. Being a 'bottom' is not a criminal offense. The code is mute as to whether the act is consentual. It was legal to be fucked in the ass, but not to fuck someone in the ass. Think "Nordic Model".
Until 1817 in the United Kingdom, oral sex was also considered to be buggery. I suppose a woman could have been convicted of buggery, if she received anal sex from a non human animal, but it would have been difficult to get the animal to testify in court.
Non human animals were not charged with human offenses in court after about 1400. Before that, they were usually found guilty, because they refused to agree to tell the truth, the whole truth, and nothing but the truth, with their paw or hoof on The Bible.
[Attempt to commit.]
203. Every one is guilty of an indictable offense and liable to ten years’ imprisonment who attempts to commit the offense mentioned in the last preceding section. 55-56 V., c. 29, s. 175.
Someone could do a dime for attempting to fuck someone in the ass.
[Incest.]
204. Every parent and child, every brother and sister, and every grandparent and grandchild, who cohabit or have sexual intercourse with each other, shall each of them, if aware of their consanguinity, be deemed to have committed incest, and be guilty of an indictable offence and liable to fourteen years’ imprisonment, and the male person shall also be liable to be whipped:
[Effect of compulsion.]
Provided that, if the court or judge is of opinion that the female accused is a party to such intercourse only by reason of the restraint, fear or duress of the other party, the court or judge shall not be bound to impose any punishment on such person under this section. 55-56 v., c. 29, s. 176.
In my opinion, the majority of happily married men are liable to be 'whipped'.
[Acts of gross indecency.]
206. Every male person is guilty of an indictable offence and liable to five years’ imprisonment and to be whipped who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person. 55-56 V., c. 29, s. 178.
Supposedly, the personal interpretation of the term gross indecency would be decided by the trial judge, and/or a random sample of taxpayers, who may or may not know anything about the law.
[Seduction under promise of marriage.]
212. Every one, above the age of twenty-one years, is guilty of an indictable offence and liable to two years’ imprisonment who, under promise of marriage, seduces and has illicit connection with any unmarried female of previously chaste character and under twenty-one years of age. 55-56 V., c. 29, s. 182.
Virgins aged 20 or younger were off limits to men aged 21 or over, unless the man intended to marry her, and he complied. This did not apply to virginal women who were aged 21 or older, or to women who had lost their virginity prior to age 21, but not under promise of marriage.
[Procuring.]
216. Every one is guilty of an indictable offense and shall be liable to five years imprisonment and on any second or subsequent conviction shall also be liable to be whipped in addition to such imprisonment who—
(b) inveigles or entices any woman or girl not being a common prostitute or of known immoral character to a common bawdy house or assignation house for the purpose of illicit intercourse or prostitution; or,
So, you could lure to an incall a 'common' prostitute, or an unmarried/ non engaged woman, aged 20 or younger, who was not a virgin, but not a virgin under 21, or an extraordinary prostitute.
h) by threats or intimidation procures or attempts to procure any woman or girl to have any unlawful carnal connection, either within or without Canada; or,
(i) for the purposes of gain, exercises control, direction or influence over the movements of any woman or girl in such a manner as to show that he is aiding, abetting or compelling her prostitution with any person or generally; or,
(j) by false pretenses or false representations procures any woman or girl to have any unlawful carnal connection, either within or without Canada; or,
The vague wording in (j) gives a Judge or jury the opportunity to subjectively determine the sincerity of representations, based on factors such as physical attractiveness, social standing, or skin colour.
[Drugs.]
(k) applies, administers to, or causes to be taken by any woman or girl any drug, intoxicating liquor, matter, or thing with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connection with such woman or girl; or,
[Living on earnings of prostitution.]
(l) being a male person, lives wholly or in part on the earnings of prostitution.
[Evidence.]
2. Where a male person is proved to live with or to be habitually in the company of a prostitute or prostitutes, and has no visible means of support, or to live in a house of prostitution, he shall, unless he can satisfy the court to the contrary, be deemed to be living on the earnings of prostitution. [55-56 V., c. 29, s. 185.]
It was legal to be the "Madam" of a brothel, but not to be a pimp. It was also illegal for an unemployed man to cohabit with a prostitute, who supported him financially.
[Conspiracy to defile.]
218. Every one is guilty of an indictable offense and liable to two years’ imprisonment who conspires with any other person by false pretenses, or false representations or other fraudulent means to induce any woman to commit adultery or fornication. 55-56 V., c. 29, s. 188.
A guy could serve two years for being a "wing man", to help his buddy get laid.
[Carnally knowing idiots.]
219. Every one is guilty of an indictable offence and liable to four years’ imprisonment who unlawfully and carnally knows, or attempts to have unlawful carnal knowledge of, any female idiot or imbecile, insane or deaf and dumb woman or girl, under circumstances which do not amount to rape but where the offender knew or had good reason to believe, at the time of the offence, that the woman or girl was an idiot, or imbecile, or insane or deaf and dumb. 63-64 V., c. 46, s. 3.
Fortunately for a sizable portion of the reading audience, it has never been a Criminal offense for any woman to have sexual relations with a stupid man.
"Carnally knowing idiots" was a eugenics law, designed to prevent 'hereditary feeble mindedness', so that mental illness or diminished mental potential would not he inherited, from mother to child. In much of the world, the mentally ill or those with low intelligence were routinely sterilized, so they would not burden society with the cost of care for individuals who could not 'pull their own weight'.
Under the Nazi regime in Germany:
"In July 1933, under the "Law for the Prevention of Hereditarily Diseased Offspring" physicians sterilized an unknown number of Gypsies, part-Gypsies, and Gypsies in mixed marriages. Under the "Law against Dangerous Habitual Criminals" of November 1933, the police arrested many Gypsies along with others the Nazis viewed as "asocials", and "work shy", including prostitutes, beggars, chronic alcoholics, and homeless vagrants, and imprisoned them in concentration camps"
Wikipedia: https://en.wikipedia.org/wiki/Nuremberg_Laws#Sterilization_Law
Now they inprison them in places like the CAMH, at Queen and Ossington, in Toronto, and castrate them with prescribed medications.
Assaults
[Offence. Penalty.]
292. Every one is guilty of an indictable offense 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.]
[Indecent assault on males.]
293. Every one is guilty of an indictable offense and liable to ten years’ imprisonment, and to be whipped, who assaults any person with intent to commit sodomy or who, being a male, indecently assaults any other male person. 55-56 V., c. 29, s. 260; 56 V., c. 32, s. 1.
This section presupposes that no man would consent to receiving anal sex, so all homosexual anal intercourse is defined as sexual assault, by the top, with the bottom as victim, whether or not the bottom was consenting, because the lawmakers considered that to be impossible.
[Rape defined. Age.]
298. Rape is the act of a man having carnal knowledge of a woman who is not his wife without her consent, or with consent which has been extorted by threats or fear of bodily harm, or obtained by personating the woman’s husband, or by false and fraudulent representations as to the nature and quality of the act.
2. No one under the age of fourteen years can commit this offence. 55-56 V., c. 29, s. 266.
[Punishment for rape.]
299. Every one who commits rape is guilty of an indictable offence and liable to suffer death or to imprisonment for life. 55-56 V., c. 29, s. 267.
[Punishment for attempt.]
300. Every one is guilty of an indictable offence and liable to seven years’ imprisonment who attempts to commit rape. 55-56 V., c. 29, s. 268.
298 suggests that, if a woman has sex with a man, it was consentual on his part, under all circumstances, But under 300, a man or a woman could be inprisoned for up to seven years, for attempting non consentual sex with an unwilling partner.
[Abduction of girl under sixteen.]
315. Every one is guilty of an indictable offence and liable to five years’ imprisonment who unlawfully takes or causes to be taken any unmarried girl, who is under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her.
[Consent immaterial.]
2. It is immaterial whether the girl is taken with her own consent or at her own suggestion or not.
[Belief of offender.]
3. It is immaterial whether or not the offender believed the girl to be of or above the age of sixteen. 55-56 V., c. 29, s. 283
'Eloping' consentually with a girlfriend prior to her sixteenth birthday, or even taking such a girl away from an abusive home environment, regardless of whether or nor there were any sexual relations with the 'abducted girl', was punishable by up to five years in prison. If a girl was a victim of incest, with her mother's 'consent', a friend couldn't help her leave, until she turned sixteen. He could do five years, for being a 'white knight'. She might become a ward of the state, if her father was successfully convicted of incest.
Whipping
[Number of strokes. Instrument.]
2. The number of strokes shall be specified in the sentence; and the instrument to be used for whipping shall be a cat-o'-nine-tails unless some other instrument is specified in the sentence.
[Not on female.]
4. Whipping shall not be inflicted on any female. 63-64 V., c. 46, s. 3.
Modern laws of sexuality are working their way back to where they were 100 years ago, with two big exceptions: The burden of proof is now placed on the accused, to prove innocence, and the right of the accused to cross examine the accusor has been removed. The police, the Crown, and the workplace now convict on the basis of the assumed truth of the accusation, to spare duress to the 'victim'.
This is what Bill C-36 and Political Correctness are all about. People that nobody wants to fuck don't want anyone else to fuck, so everyone can be equally miserable, either in celibacy, or as a 'whipped' married man.
Bill C-36 prevents men from having sex with common prostitutes, so a man's options become: self abuse, having sex withheld within marriage, sex with women of known immoral character, or homosexuality, once punishable by life inprisonment, but now promoted as 'normal'. The whole thing is designed to try to force men to marry politically correct women, since those are the only women I can truthfully describe as having "known immoral character".
Shows the history of Canadian Sexuality Legislation from 1900 - 2000.
Here are selected excerpts from the Canadian Criminal Code in effect, 100 years ago, in 1915, with my commentary in red. I'll comment on the maximum penalty that could be legally applied, at the discretion and interpretation of a trial or sentencing judge.
INTERPRETATION.
[Carnal knowledge.]
7. Carnal knowledge is complete upon penetration to any, even the slightest degree, and even without the emission of seed. 55-56 V., c. 29, s. 266.
PART V.
OFFENCES AGAINST RELIGION, MORALS AND PUBLIC CONVENIENCE.
Offences Against Morality
[Buggery.]
202. Every one is guilty of an indictable offence and liable to imprisonment for life who commits buggery, either with a human being or with any other living creature. 55-56 V., c. 29, s. 174.
"Buggery" is penetrative anal sex. A man could be imprisoned for life, for being the 'top', in anal sex with anything alive. Being a 'bottom' is not a criminal offense. The code is mute as to whether the act is consentual. It was legal to be fucked in the ass, but not to fuck someone in the ass. Think "Nordic Model".
Until 1817 in the United Kingdom, oral sex was also considered to be buggery. I suppose a woman could have been convicted of buggery, if she received anal sex from a non human animal, but it would have been difficult to get the animal to testify in court.
Non human animals were not charged with human offenses in court after about 1400. Before that, they were usually found guilty, because they refused to agree to tell the truth, the whole truth, and nothing but the truth, with their paw or hoof on The Bible.
[Attempt to commit.]
203. Every one is guilty of an indictable offense and liable to ten years’ imprisonment who attempts to commit the offense mentioned in the last preceding section. 55-56 V., c. 29, s. 175.
Someone could do a dime for attempting to fuck someone in the ass.
[Incest.]
204. Every parent and child, every brother and sister, and every grandparent and grandchild, who cohabit or have sexual intercourse with each other, shall each of them, if aware of their consanguinity, be deemed to have committed incest, and be guilty of an indictable offence and liable to fourteen years’ imprisonment, and the male person shall also be liable to be whipped:
[Effect of compulsion.]
Provided that, if the court or judge is of opinion that the female accused is a party to such intercourse only by reason of the restraint, fear or duress of the other party, the court or judge shall not be bound to impose any punishment on such person under this section. 55-56 v., c. 29, s. 176.
In my opinion, the majority of happily married men are liable to be 'whipped'.
[Acts of gross indecency.]
206. Every male person is guilty of an indictable offence and liable to five years’ imprisonment and to be whipped who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person. 55-56 V., c. 29, s. 178.
Supposedly, the personal interpretation of the term gross indecency would be decided by the trial judge, and/or a random sample of taxpayers, who may or may not know anything about the law.
[Seduction under promise of marriage.]
212. Every one, above the age of twenty-one years, is guilty of an indictable offence and liable to two years’ imprisonment who, under promise of marriage, seduces and has illicit connection with any unmarried female of previously chaste character and under twenty-one years of age. 55-56 V., c. 29, s. 182.
Virgins aged 20 or younger were off limits to men aged 21 or over, unless the man intended to marry her, and he complied. This did not apply to virginal women who were aged 21 or older, or to women who had lost their virginity prior to age 21, but not under promise of marriage.
[Procuring.]
216. Every one is guilty of an indictable offense and shall be liable to five years imprisonment and on any second or subsequent conviction shall also be liable to be whipped in addition to such imprisonment who—
(b) inveigles or entices any woman or girl not being a common prostitute or of known immoral character to a common bawdy house or assignation house for the purpose of illicit intercourse or prostitution; or,
So, you could lure to an incall a 'common' prostitute, or an unmarried/ non engaged woman, aged 20 or younger, who was not a virgin, but not a virgin under 21, or an extraordinary prostitute.
h) by threats or intimidation procures or attempts to procure any woman or girl to have any unlawful carnal connection, either within or without Canada; or,
(i) for the purposes of gain, exercises control, direction or influence over the movements of any woman or girl in such a manner as to show that he is aiding, abetting or compelling her prostitution with any person or generally; or,
(j) by false pretenses or false representations procures any woman or girl to have any unlawful carnal connection, either within or without Canada; or,
The vague wording in (j) gives a Judge or jury the opportunity to subjectively determine the sincerity of representations, based on factors such as physical attractiveness, social standing, or skin colour.
[Drugs.]
(k) applies, administers to, or causes to be taken by any woman or girl any drug, intoxicating liquor, matter, or thing with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connection with such woman or girl; or,
[Living on earnings of prostitution.]
(l) being a male person, lives wholly or in part on the earnings of prostitution.
[Evidence.]
2. Where a male person is proved to live with or to be habitually in the company of a prostitute or prostitutes, and has no visible means of support, or to live in a house of prostitution, he shall, unless he can satisfy the court to the contrary, be deemed to be living on the earnings of prostitution. [55-56 V., c. 29, s. 185.]
It was legal to be the "Madam" of a brothel, but not to be a pimp. It was also illegal for an unemployed man to cohabit with a prostitute, who supported him financially.
[Conspiracy to defile.]
218. Every one is guilty of an indictable offense and liable to two years’ imprisonment who conspires with any other person by false pretenses, or false representations or other fraudulent means to induce any woman to commit adultery or fornication. 55-56 V., c. 29, s. 188.
A guy could serve two years for being a "wing man", to help his buddy get laid.
[Carnally knowing idiots.]
219. Every one is guilty of an indictable offence and liable to four years’ imprisonment who unlawfully and carnally knows, or attempts to have unlawful carnal knowledge of, any female idiot or imbecile, insane or deaf and dumb woman or girl, under circumstances which do not amount to rape but where the offender knew or had good reason to believe, at the time of the offence, that the woman or girl was an idiot, or imbecile, or insane or deaf and dumb. 63-64 V., c. 46, s. 3.
Fortunately for a sizable portion of the reading audience, it has never been a Criminal offense for any woman to have sexual relations with a stupid man.
"Carnally knowing idiots" was a eugenics law, designed to prevent 'hereditary feeble mindedness', so that mental illness or diminished mental potential would not he inherited, from mother to child. In much of the world, the mentally ill or those with low intelligence were routinely sterilized, so they would not burden society with the cost of care for individuals who could not 'pull their own weight'.
Under the Nazi regime in Germany:
"In July 1933, under the "Law for the Prevention of Hereditarily Diseased Offspring" physicians sterilized an unknown number of Gypsies, part-Gypsies, and Gypsies in mixed marriages. Under the "Law against Dangerous Habitual Criminals" of November 1933, the police arrested many Gypsies along with others the Nazis viewed as "asocials", and "work shy", including prostitutes, beggars, chronic alcoholics, and homeless vagrants, and imprisoned them in concentration camps"
Wikipedia: https://en.wikipedia.org/wiki/Nuremberg_Laws#Sterilization_Law
Now they inprison them in places like the CAMH, at Queen and Ossington, in Toronto, and castrate them with prescribed medications.
Assaults
[Offence. Penalty.]
292. Every one is guilty of an indictable offense 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.]
[Indecent assault on males.]
293. Every one is guilty of an indictable offense and liable to ten years’ imprisonment, and to be whipped, who assaults any person with intent to commit sodomy or who, being a male, indecently assaults any other male person. 55-56 V., c. 29, s. 260; 56 V., c. 32, s. 1.
This section presupposes that no man would consent to receiving anal sex, so all homosexual anal intercourse is defined as sexual assault, by the top, with the bottom as victim, whether or not the bottom was consenting, because the lawmakers considered that to be impossible.
[Rape defined. Age.]
298. Rape is the act of a man having carnal knowledge of a woman who is not his wife without her consent, or with consent which has been extorted by threats or fear of bodily harm, or obtained by personating the woman’s husband, or by false and fraudulent representations as to the nature and quality of the act.
2. No one under the age of fourteen years can commit this offence. 55-56 V., c. 29, s. 266.
[Punishment for rape.]
299. Every one who commits rape is guilty of an indictable offence and liable to suffer death or to imprisonment for life. 55-56 V., c. 29, s. 267.
[Punishment for attempt.]
300. Every one is guilty of an indictable offence and liable to seven years’ imprisonment who attempts to commit rape. 55-56 V., c. 29, s. 268.
298 suggests that, if a woman has sex with a man, it was consentual on his part, under all circumstances, But under 300, a man or a woman could be inprisoned for up to seven years, for attempting non consentual sex with an unwilling partner.
[Abduction of girl under sixteen.]
315. Every one is guilty of an indictable offence and liable to five years’ imprisonment who unlawfully takes or causes to be taken any unmarried girl, who is under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her.
[Consent immaterial.]
2. It is immaterial whether the girl is taken with her own consent or at her own suggestion or not.
[Belief of offender.]
3. It is immaterial whether or not the offender believed the girl to be of or above the age of sixteen. 55-56 V., c. 29, s. 283
'Eloping' consentually with a girlfriend prior to her sixteenth birthday, or even taking such a girl away from an abusive home environment, regardless of whether or nor there were any sexual relations with the 'abducted girl', was punishable by up to five years in prison. If a girl was a victim of incest, with her mother's 'consent', a friend couldn't help her leave, until she turned sixteen. He could do five years, for being a 'white knight'. She might become a ward of the state, if her father was successfully convicted of incest.
Whipping
[Number of strokes. Instrument.]
2. The number of strokes shall be specified in the sentence; and the instrument to be used for whipping shall be a cat-o'-nine-tails unless some other instrument is specified in the sentence.
[Not on female.]
4. Whipping shall not be inflicted on any female. 63-64 V., c. 46, s. 3.
Modern laws of sexuality are working their way back to where they were 100 years ago, with two big exceptions: The burden of proof is now placed on the accused, to prove innocence, and the right of the accused to cross examine the accusor has been removed. The police, the Crown, and the workplace now convict on the basis of the assumed truth of the accusation, to spare duress to the 'victim'.
This is what Bill C-36 and Political Correctness are all about. People that nobody wants to fuck don't want anyone else to fuck, so everyone can be equally miserable, either in celibacy, or as a 'whipped' married man.
Bill C-36 prevents men from having sex with common prostitutes, so a man's options become: self abuse, having sex withheld within marriage, sex with women of known immoral character, or homosexuality, once punishable by life inprisonment, but now promoted as 'normal'. The whole thing is designed to try to force men to marry politically correct women, since those are the only women I can truthfully describe as having "known immoral character".
ancing: