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Rape Legislation

81.7 Rape Legislation

Whereas, The Department of Justice is currently considering alterations to the Criminal Code, pertaining to rape; therefore

be it,

RESOLVED, That The National Council of Women of Canada express to the Government of Canada its strong opposition to

any proposed legislation which would allow a defence lawyer, at trial to claim consent, or to use as evidence a

victim’s past sexual history.

Long-term policy of the National Council of Women is developed over a period of years by the adoption of

resolutions on issues of concern. At the time that the 1981 resolutions were submitted to the membership for

study, Bill C-53 had not yet been tabled.

As there was concern that forthcoming legislation might considerably lessen penalties for rape, a resolution on

rape legislation was submitted to the Council and affiliated associations.

At the 1981 Annual Meeting, the Council adopted the following resolved clause, in addition to the clause above,

keeping in mind that long-term policy was being developed and that the particular clauses were not relevant at

the moment because of the provisions in Bill C-53. The text is included for information.

RESOLVED, That The National Council of Women of Canada express to the Government of Canada its strong opposition to

any proposed legislation which would:

  1. Decrease the penalties associated with rape; and,
  2. Reclassify the crime of rape to sexual assault if such reclassification would mean that this act would be decriminalized.