01/20/2014 11:52 EST | Updated 03/22/2014 05:59 EDT

Rob Anders Wants To Bring Back Rape Charge


A Conservative MP from Calgary wants to bring the charge of rape back into the Criminal Code.

Calgary West MP Rob Anders also wants there to be mandatory minimum sentences for anyone convicted of that crime.

Anders says rapists aren't adequately punished after being convicted of sexual assault.

Until 1983, it was possible to be convicted of the charge of rape. Parliament then rolled that offence into the more encompassing charge of sexual assault.

Anders says that affected sentences.

“What it wound up doing is having rapists get time that gropers would get and so the average sentencing right now is two years in terms of what these people serve.”

Likely will face constitutional challenges

He wants anyone convicted of rape to serve a mandatory minimum of eight years in prison for a first offence and 10 years for each subsequent conviction.

“I ideally would have liked to have seen rapists get 20-years mandatory minimum but because of what we anticipate in constitutional challenges, we decided to go with eight and 10 because it was well within inside the penalties for manslaughter.”

University of Calgary law professor Chris Levy said he doesn't like the bill's chances of surviving constitutional challenges.

“The degree of proportionality, the degree of fairness involved is highly questionable and this is what's got a lot of the mandatory minimum sentences into trouble," said Levy.

Anders says he'll introduce the bill later this month.

A number of Calgarians came forward earlier this month, saying they will challenge Anders for the Conservative nomination ahead of the next federal election. 

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