INTRODUCTION AND BRIEF DESCRIPTION
Incest is punishable by up to 14 years imprisonment, with a minimum of 5 years if the other person involved is under 16.
SECTION WORDING
155(2) Everyone who commits incest is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and, if the other person is under the age of 16 years, to a minimum punishment of imprisonment for a term of five years.
EXPLANATION
Section 155(2) of the Criminal Code of Canada is a provision that criminalizes the act of incest. The law defines incest as a sexual relationship between individuals who are closely related by blood, marriage, or adoption. The aim of the section is to prevent sexual abuse and exploitation within the family unit, which is considered a grave violation of human rights and a criminal offense. This section of the law places a heavy penalty on anyone found guilty of committing incest. The offense of incest is classified as an indictable offense, which means that it is considered a serious crime and could result in severe punishment including imprisonment. Those found guilty of this offense face a maximum punishment of 14 years imprisonment. However, if the other person involved in the sexual act is under the age of 16, the minimum sentence is five years. The Criminal Code of Canada is clear in its stance towards incest. The section is designed to protect vulnerable members of society who may be at risk of sexual abuse within their own families. This offense is considered an egregious violation of the law, and as such, it is afforded severe punishment under criminal law. Overall, Section 155(2) of the Criminal Code of Canada is an important section of the law designed to safeguard the well-being of families and prevent individuals from exploiting their familial relationships for sexual gratification. The law serves as a deterrent and ensures that those who commit such acts are held accountable for their crimes.
COMMENTARY
Section 155(2) of the Criminal Code of Canada is aimed at preventing incest, a form of sexual abuse and exploitation commonly referred to as sexual activity between close relatives. In Canada, incest is a criminal offence and it is punishable by law. The section states that anyone who commits incest is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years, and, if the other person is under the age of 16 years, to a minimum punishment of imprisonment for a term of five years. Incest is a form of sexual abuse that occurs when family members engage in sexual activities with one another. This can include parents and children, siblings, cousins, and other close family members. Incest can lead to serious physical, emotional, and psychological harm to the victim and can have long-lasting effects on their lives. The Criminal Code of Canada recognizes the seriousness of incest and has provided strict punishments for those who commit this offence. The minimum term of imprisonment of five years, for those who engage in sexual activities with a person under the age of 16 years, is indicative of the gravity of the offence and the need for societal protection for the child. The section of the Criminal Code aims to prevent the prevalence of incest, as well as protect the vulnerable members of society from this type of abuse. It serves as a deterrent to those who may be tempted to engage in sexual activities with close family members within the bounds of Canada. It also encourages victims to come forward and report the incident to the appropriate authorities without fear of retaliation, shame, or societal stigma. Besides, it empowers parents to protect their children by reporting any suspicious activity involving incestual relationships. The provision emphasizes that incest is an abuse of authority, trust, and power, and strictly prohibits such acts. In conclusion, the inclusion of section 155(2) in the Canadian Criminal Code is a significant step towards preventing sexual exploitation and abuse. It is important to recognize that incestuous relationships cause harm to victims that can last a lifetime. The law is stern on this issue and thus can serve as a deterrent. It is important to continue raising awareness about the issue of incest and the importance of reporting and addressing abuse when it occurs. Ultimately, the goal is to protect the vulnerable members of society from the devastating effects of sexual abuse and exploitation, and section 155(2) demonstrates the commitment of the Canadian legal system to this end.
STRATEGY
Section 155(2) of the Criminal Code of Canada addresses the crime of incest, which is a serious offense that carries harsh penalties. As a result, legal professionals must consider several strategic considerations when dealing with such cases. Some strategies that could be employed to effectively navigate through the provisions of section 155(2) are discussed below. First, communication with the defendant is crucial when dealing with a criminal charge of incest. The legal professional assigned to the case must ensure that the defendant fully understands the charges against them, the possible penalties, and the legal options available to them. A thorough assessment of the defendant's mental state is also necessary to determine if they fully comprehend the situation. Second, legal professionals must also consider evidence when dealing with a charge under section 155(2). The prosecutor in such a case bears the burden of proving beyond a reasonable doubt that the defendant committed the offense. Therefore, defense counsel must carefully scrutinize all available evidence, including witness statements, forensic evidence, and any other evidence that may be relevant to the case. Third, plea bargains can be valuable strategic tools. Depending on the strength of the evidence against the defendant, defense counsel may consider negotiating a plea bargain with the prosecutor to reduce the charges or the penalties. In such instances, the defendant may plead guilty to a lesser charge, which may result in a reduced sentence. Fourth, legal professionals must also prioritize the welfare of the victim when dealing with a case under section 155(2). In cases where the victim is related to the defendant, the emotional and psychological impact on the victim can be severe. As a result, legal professionals must be empathetic and sensitive to the victim's situation. Fifth, defendants charged under section 155(2) often face societal stigma. As such, legal professionals must focus on preserving their client's reputation and image in the public domain. This can be done by limiting media coverage, ensuring that the trial is conducted as privately as possible, and exploring all available legal options to obtain the best possible outcome for their client. In conclusion, section 155(2) of the Criminal Code of Canada is a serious criminal offense that carries harsh penalties. Legal professionals must carefully consider all strategic options when dealing with cases under this provision. Some strategies that could be employed include effective communication with the defendant, evidence review, plea bargaining, prioritizing the welfare of the victim, and preserving the defendant's reputation and image. By employing these strategies, lawyers can achieve the best possible outcomes for their clients while upholding the values of justice and fairness.