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Summary of main proposals of changes to Criminal Code
1. Summary of Main Proposals of
the Criminal Code Amendment (No.2) Bill
Offense Provisions Sentence
Existing Proposed Existing Proposed
Rape Female victim
Male offender
Vaginal only
Male and female
victims, Male offender
Vaginal, Oral and Anal
8 years to
life
8 years to
life
Rape of a
child under
16 years
old
------ Male and female
victims, Male offender
Vaginal, Oral and Anal
------ Life
Unlawful
sexual
intercourse
( under 14
years)
Female victim
Male offender
Male and female
victims, Male and
female offenders
12 years
to life
12 years to
life
Unlawful
sexual
intercourse
(14 to 16
years)
Female victim
Male offender
Male and female
victims, Male and
female offenders
5 to 10
years
5 to 10
years
Indecent
Assault
Male child
victim or female
victim
Male and female victims Three
years
Five years
Assault by
penetration
of a child
under 16
years old
------ Male and female
victims, Male and
female offenders.
Penetration of vagina
and anus
------- Life
2. Penetration with any
body part or object
Sexual
Activity
with a child
(general)
------ Sexual touching of a
child under 16 years
Male and female victims
and offender s
------ $5000 fine
to 5 years
(summary
conviction)
14 years
(indictment)
Sexual
Activity
with a
child
------ Touching of the vagina,
anus, mouth with penis
of victim to offender
and vice versa
Male and female victims
and offender s
------ 14 years
Causing a
child to
engage in
sexual
activity
(general)
------ Male and female victims
and offenders
------ $5000 fine
to 5 years
(summary
conviction)
14 years
(indictment)
Causing a
child to
engage in
sexual
activity
-----= Activity involves
penetration of vagina
and anus with any body
part or object or
penetration of mouth
with penis
Male and female victims
and offenders
------ 16 years
Engaging in
sexual
activity in
the
presence of
a child
------ (a) Intentionally
engaging in
sexual activity in
the presence or
where a child
can observe
------ (a)$5000
fine to 5
years
(summary
conviction)
3. (b) Causing a child
to observe a
third person in
sexual activity
or to look at an
image of
persons
engaged in
sexual activity
Male and female victims
and offenders
10 years
(indictment)
(b)$5000
fine or five
years or
both
Facilitating
the
commission
of a sexual
offense
involving a
child
------ Male and female victims
and offenders
------ 14 years
Sexual
Activity
with a
person
with
mental
illness or
mental
disability
Female victim
Male offender
Vagina Only
Male and female victims
and offenders
Penetration or touching
of vagina or anus or
penetration of mouth
with penis
5 to 10
years
Life
This does not constitute an exhaustive list of the provisions in the Bill, but captures the major proposals.
No amendments have been proposed to Section 53 of the Criminal Code.
“Child” in this document refers to a child under the age of 16 years.