In Canada, until 2008, an adult could have sex with a 14 year old 'legally'. Prior to 2008, if you saw your 14 year old daughter walking up the back stairs of a seedy motel with a 50 year old man, there was basically nothing you could do about it. If you called the police and the daughter told them that she wanted sex with the man, the police would tell you to leave them alone and 'mind your own business'.
Now things have changed. Now a 50 year old man can take your 16 year old daughter up the stairs of a seedy motel and there is nothing you can do about it. Yessireee Bob. Things have really changed in Canada alrighty !
What is Canada's age of consent?
The age of consent for sexual activity is 16 years. It was raised from 14 years on May 1, 2008 by the Tackling Violent Crime Act.
However, the age of consent is 18 years
where the sexual activity "exploits" the young person -- when it
involves prostitution, pornography or occurs in a relationship of
authority, trust or dependency (e.g., with a teacher, coach or
babysitter). Sexual activity can also be considered exploitative based
on the nature and circumstances of the relationship, e.g., the young
person's age, the age difference between the young person and their
partner, how the relationship developed (quickly, secretly, or over the
Internet) and how the partner may have controlled or influenced the
young person.
Are there any exceptions to this?
The Criminal Code provides "close in age" or "peer group" exceptions.
For example, a 14 or 15 year old can consent to sexual activity with a partner as long as the partner is less than five years older
and there is no relationship of trust, authority or dependency or any
other exploitation of the young person. This means that if the partner
is 5 years or older than the 14 or 15 year old, any sexual activity will
be considered a criminal offence unless it occurs after they are
married to each other (in accordance with the "solemnization" of
marriage requirements that are established in each province and
territory, governing how and when a marriage can be performed, including
the minimum age at which someone may marry).
There is also a "close-in-age" exception for 12 and 13 year
olds: a 12 or 13 year old can consent to sexual activity with another
young person who is less than two years older and with whom there is no relationship of trust, authority or dependency or other exploitation of the young person.
Are 16 and 17 year olds also protected against sexual exploitation?
The Criminal Code protects 16 and 17 year olds
against sexual exploitation, where the sexual activity occurs within a
relationship of trust, authority, dependency or where there is other
exploitation. Whether a relationship is considered to be exploiting the
16 or 17 year old will depend upon the nature and circumstances of the
relationship, e.g., the age of the young person, the age difference
between the young person and their partner, how the relationship
developed and how the partner may have controlled or influenced the
young person. As well, 16 and 17 year olds cannot consent to sexual
activity that involves prostitution or pornography.
What are the actual Criminal Code offences against child sexual abuse and exploitation?
The Criminal Code protects all Canadians, including children, against sexual abuse and exploitation. For example, the Criminal Code
contains offences that protect everyone against all forms of sexual
assault (section 271); sexual assault with a weapon, threats to a third
party or causing bodily harm (section 272); and aggravated sexual
assault (section 273), voyeurism (section 162), obscenity (section 163)
and trafficking in persons (section 279.01).
Children are also protected by child-specific offences in the Criminal Code. These offences include the following:
-
Sexual Interference (section 151) - no
one can touch any part of the body of a child under the age of 16 for a
sexual purpose. The penalty for this offence is a mandatory minimum
period of imprisonment of up to a maximum of 10 years;
-
Invitation to Sexual Touching (section 152) -
no one can invite a child under the age of 16 to touch himself/herself
or them for a sexual purpose. The penalty for this offence is a
mandatory minimum period of imprisonment of up to a maximum of 10 years;
-
Sexual Exploitation (section 153) - no
one in a position of trust or authority over a 16 or 17 year old (for
example, a teacher, religious leader, baby-sitter or doctor) or upon
whom the young person is dependent, can touch any part of the body of
the young person for a sexual purpose or invite that young person to
touch himself/herself or them for a sexual purpose. The penalty for this
offence is a mandatory minimum period of imprisonment of up to a
maximum of 10 years;
-
Incest (section 155) - no one may have
sexual intercourse with their parent, child, brother, sister,
grandparent or grandchild. The penalty for this offence is a maximum of
14 years imprisonment;
-
Child Pornography (section 163.1) - no
one may make, distribute, transmit, make available, access, sell,
advertise, export/import or possess child pornography. Child pornography
is broadly defined and includes materials that show someone engaged in
explicit sexual activity who is, or seems to be, under the age of 18
years; or show a young person's sexual organ or anal region for a sexual
purpose. Child pornography also includes written and audio material
that encourages others to commit a sexual offence against a child, or is
primarily a description of unlawful sexual activity with a child that
is intended for a sexual purpose. The penalties for these offences are
mandatory minimum periods of imprisonment and vary up to a maximum of
either 5 or 10 years;
-
Luring a Child (section 172.1) - no
person may use a computer system, such as the Internet, to communicate
with a young person for the purpose of facilitating the commission of a
sexual or abduction offence against that young person. This offence is
sometimes called "Internet luring". The penalty for this offence is a
maximum of 10 years imprisonment;
-
Exposure (subsection 173(2)) - no one
may expose their genital organs for a sexual purpose to a young person
under the age of 16 years. The penalty for this offence is a maximum of
6 months imprisonment;
-
Procuring (sections 170 and 171) - it is
against the law for parents and guardians to procure their child under
the age of 18 years to engage in illegal sexual activity or for
owners, occupiers or managers of premises to allow a person under the
age of 18 to be on those premises to engage in illegal sexual activity.
The penalties for these offences include mandatory minimum periods of
imprisonment and vary up to a maximum of 10 years imprisonment.
Child Prostitution (subsections 286.1(2), 286.2(2) and 286.3(2))
- it is against the law for anyone to offer or obtain the sexual
services of a young person under the age of 18 years, to materially
benefit from child prostitution or to procure a person under the age of
18 for the purposes of prostitution. The penalties for these offences
include mandatory minimum periods of imprisonment and vary up to a
maximum of 14 years imprisonment.
-
Bestiality (section 160) - it is against
the law for anyone to engage in sexual activity with an animal,
including making a child do this or doing this in front of a child. The
penalties for these offences vary up to a maximum of 10 years
imprisonment; and,
-
Child Sex Tourism (subsections 7(4.1) - 7(4.3) -
it is against the law for a Canadian to travel outside of Canada and
engage in any sexual activity with a young person that is against the
law in Canada. If the Canadian is not found guilty of committing such a
sexual offence in the country where it occurred, the Canadian could be
convicted in Canada and would face the same penalty as if that offence
had occurred in Canada.
In addition to these criminal laws against child sexual abuse
and exploitation, each province and territory has its own laws to
protect children against abuse, exploitation and neglect.
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