The offence was retained in the 1892 Criminal Code, in respect of girls between 14 and 16, and remained in force until 1920, when the offence was changed to prohibit "sexual intercourse." After 1920, the question of who was more to "blame" became an issue that could lead to acquittal but the offence remained in force until 1988.
In addition to those offences reviewed above, the "seduction" of a female under 18 "under promise of marriage" was made an offence in Canada in 1886 and amended in 1887 to apply to females under 21.
Nevertheless, the Commission recommended repeal of that offence on the grounds that the offence of contributing to juvenile delinquency was a better prohibition that accomplished the same thing in a gender-neutral way.
It must be noted that contributing to delinquency has not been a criminal offence since the Juvenile Delinquents Act was repealed and replaced by the Young Offenders Act in 1984.
They are made available here as a service to the public.
These studies are not official Parliamentary or Canadian government documents.
Furthermore, the offences of unlawful sexual intercourse did nothing to protect young women from other forms of sexual contact short of intercourse.
The history of age of consent laws in Canada has evolved considerably in the past century so that the existing Criminal Code prohibitions against sexual contact with children bear scant resemblance to those that were in place as recently as 20 years ago.As pointed out in the 1984 Badgley Report on Sexual Offences Against Children, Canada has a long history of prohibiting sexual intercourse with young females, regardless of their consent.Only girls under 12 were absolutely unable to consent to sexual intercourse until 1890, when the age limit was raised to 14.With the advent of the Criminal Code in 1892, the strict prohibition against sexual intercourse was retained for girls under 14 (not married to the accused) and the law was strengthened to make an accuseds belief about the young womans age irrelevant.
That age limit has not changed and remains in place today, with narrow exceptions for consensual activity between young persons less than two years apart in age. For example, the Badgley Report notes that seduction of a girl over 12 and under 16 "of previously chaste character" was made an offence in 1886.
Consent was not specifically precluded as a defence, however, and failure to prove that the accused was more to blame than the female person could result in acquittal.