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

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)

(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.