C-570
Second Session, Forty-first Parliament,
62 Elizabeth II, 2013-2014
HOUSE OF COMMONS OF CANADA
BILL C-570
An Act to amend the Criminal Code (mandatory minimum sentences for rape)
first reading, January 29, 2014
Mr. Anders
412091
SUMMARY
This enactment amends sections 271, 272 and 273 of the Criminal Code to establish mandatory minimum sentences for sexual assaults that fall within the definition of “rape” as defined for the purpose of those sections. It also establishes that sentences for such offences must be served consecutively to any other punishment arising out of the same event or series of events.
Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 41st Parliament,
62 Elizabeth II, 2013-2014
house of commons of canada
BILL C-570
An Act to amend the Criminal Code (mandatory minimum sentences for rape)
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Section 271 of the Criminal Code is renumbered as subsection 271(1) and is amended by adding the following:
Rape
(2) Despite subsection (1), everyone who commits a sexual assault that falls within the definition of rape in subsection (3) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding 10 years and, if the complainant is under the age of 16 years,
(a) in the case of a first offence, to a minimum punishment of imprisonment for a term of eight years; and
(b) in the case of a second or subsequent offence, to a minimum punishment of imprisonment for a term of 10 years.
Definition of “rape”
(3) For the purposes of this section and sections 272 and 273, “rape” means the intentional penetration by a person, with any part of their body or any object, of the vagina or anus of another person without the consent of that other person.
2. Section 272 of the Act is amended by adding the following after subsection (4):
Rape
(5) Despite subsection (2), every person who commits a sexual assault described in subsection (1) that falls within the definition of rape in subsection 271(3) is guilty of an indictable offence and liable
(a) in the circumstances described in paragraph (2)(a), to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of
(i) in the case of a first offence, eight years, and
(ii) in the case of a second or subsequent offence, 10 years;
(b) in the circumstances described in paragraph (2)(a.1), to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of eight years; and
(c) in the circumstances described in paragraph (2)(a.2), to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of 10 years.
3. Section 273 of the Act is amended by adding the following after subsection (4):
Rape
(5) Despite subsection (2), every person who commits an aggravated sexual assault that falls within the definition of rape in subsection 271(3) is guilty of an indictable offence and liable
(a) in the circumstances described in paragraph (2)(a), to imprisonment for life and to a minimum punishment of imprisonment for a term of
(i) in the case of a first offence, eight years, and
(ii) in the case of a second or subsequent offence, 10 years;
(b) in the circumstances described in paragraph (2)(a.1), to imprisonment for life and to a minimum punishment of imprisonment for a term of eight years; and
(c) in the circumstances described in paragraph (2)(a.2), to imprisonment for life and to a minimum punishment of imprisonment for a term of 10 years.
4. The Act is amended by adding the following after section 273:
Sentences to be served consecutively
273.01 A sentence imposed on a person for an offence under subsection 271(2), 272(5) or 273(5) shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under subsection 271(2), 272(5) or 273(5).
Published under authority of the Speaker of the House of Commons