What is the age of consent in Canada? - Ron Ellis Criminal Law - London Ontario Criminal Lawyer

25.02.2019 1 Comments

19-Year-Old Fights to Be Taken Off Sex Offender Registry

The legal age of consent to sexual activity refers to the age at which the criminal law recognizes the legal capacity of a young person to provide such consent. This paper presents many of the offences in Canada related to the age of consent to sexual activity, as well as some of the legal issues connected with them. Consent is not a defence, however, when, for example, it is obtained by use of threats or force or when a person is incapable of giving consent. One example is that of pornography. A number of other offences where the age of the victim determines whether that particular offence has been committed are set out below.

If you are 16 or 17 years old you can generally consent to sexual activity, except:. If you are 16 but under 18 you cannot consent to sexual activity with a person who is in a position of trust or authority towards you. This means that the person is taking advantage of you.

Sentencing; Forensic DNA Analysis; Sex Offender Information . In section , "young person" means someone who is 16 or 17 years old. of sexual activity involving someone depicted as being under 18 years of age is a. The age of consent in Canada is 16 years. Generally, it is legal to have sexual contact with someone who is 16 years or older if they agree to have sex with you. It is important to know that in some situations a person must be 18 years old. Department of Justice Canada's Internet site. A 16 or 17 year old cannot consent to sexual activity if: their sexual partner is in position of trust.

If a person is in a position of power in relation to you it is illegal for them engage in sexual activity with you until you turn 18, not Examples of positions of power might include if they supervise you at work or if they tutor you for school.

If you are physically or mentally handicapped, the person you wish to engage in sexual activity with may be in a position of trust or authority towards you even if you are just friends.

Consent is really about the amount of control or influence that exists in the relationship and depends on the particular circumstances between you and the other person.

You can consent to sexual activity with someone who is less than 5 years older than you. For example, if you are 15 you can consent to sexual activity with a 19 year old, but not a 20 year old, because they would not be less than 5 years older than you. The rule above that says you cannot consent to sexual activity with a person who is in a position of trust or authority also applies to 14 and 15 year olds. If you are dependent on the person you are considering engaging in sexual activity with, or the relationship is exploitative, you cannot consent to sexual activity with them.

You can consent to sexual activity with someone who is less than 2 years older than you. For example, if you are 13 years old you could consent to sexual activity with a 14 year old, but not a 15 year old, because they would not be less than 2 years older than you.

The rule above regarding relationships of trust or authority also applies to those who would otherwise legally be able to engage in sexual activity with a 12 or 13 year old.

In Canada the age of consent to sexual activity or the"age of As well section of the Criminal Code states that the age of consent for anal intercourse is 18 years. anal sex that is under eighteen years of age is committing a criminal 16 and 17 year olds cannot consent to sexual activity that involves. It is now illegal for adults in Canada to have sex with a partner year-olds can have sex with someone who is less than five years older. So, for example, a 14 year old can have sex with someone up to 18 years While 16 and 17 year olds can consent to sex, they can only do so.

Can I get help and support if I go to Court? Victim Services Coordinators can explain the court process to you and help you understand what will happen in court. Contact the provincial Victim Services Office nearest you.

They can tell you about the special supports and assistance to help victims of sexual offences when they testify. They will also tell you about other services and programs for victims such as counseling and crime compensation. Can the defence lawyer get copies of my counseling or medical records and ask me questions? Only if the judge decides this information has something to do with the case. A judge would hold hearings to decide whether the defence lawyer can have the records.

The Crown prosecutor and the Victim Services Coordinator will explain the process to you. Can the defence lawyer use my past sexual activities to suggest that I consented this time? Your past sexual activities with anyone other than the accused would not be considered relevant to the issue of consent for this particular offence. The defence lawyer cannot use evidence about your past sexual activities to show:.

Usually the trial is open to the public but you have a right to keep your identity protected. This is called a publication ban. Victim Services will explain the various protections that may be available. What happens when a person is found guilty? Usually the judge will not sentence the offender immediately. The judge will set a date for sentencing and may ask for a pre-sentence report on the offender.

The pre-sentence report is done by a probation officer. Can victims tell the Court how the crime has affected them?

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Yes, victims have the right to make a written Victim Impact Statement which can be filed with the court when the accused has been found guilty.

See the pamphlet Victim Impact Statements. The judge must consider your statement, among other things, in deciding on the sentence. If you wish, you can ask to read your statement aloud at the sentencing hearing. What type of sentence might an offender get? The punishments for sexual assault and sexual offences may range from a fine, to life in prison.

Age of Consent for Sexual Activity

The judge can also give a suspended sentence or probation. Convictions for child exploitation offences carry a mandatory minimum sentence. What should I do if someone sexually assaults me?

Call the police or RCMP. In an emergency dial Tell the police where you are and what happened. The police can take you to the hospital right away where healthcare professionals can do an examination and gather evidence. Certain municipal police forces have victim service units. These units often offer crisis counseling. Also, they may have staff or volunteers who will accompany the police when they are talking to a sexual assault victim.

The police will ask you a lot of detailed questions. Write down everything you can remember, including:. The police will either write your answers in a statement or they will use audio or videotape to record your answers.

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Even if you do not call the police right away, get medical attention. Go to the nearest hospital. The healthcare professional will examine you for injuries and explain the risk of pregnancy, AIDS and sexually transmitted diseases. A specially trained healthcare professional may be available at the hospital to help you and to give you support. You can also get support and help 24 hours a day from a sexual assault centre or a crisis line.

They have experience talking to people who have been sexually assaulted. They can give information and answer your questions. I was sexually assaulted six months ago. Can the police still lay charges? It depends on the seriousness of the assault. There is no time limit for reporting and laying charges for a serious sexual assault an indictable offence. However, there is a six month time limit for laying charges for a sexual assault which the law considers less serious in nature a summary conviction offence.

In any case, the sooner you call the police, the easier it is for them to collect the evidence needed to prove the charge.

Check our website at: www. They can offer support at the time of crisis and tell you about resources and counseling services in your area. Just need to talk or learn about resources in your area? Contact: Chimo Help Line:or. You can get more information on support and services for victims of sexual assault from your provincial Victim Services Office. And check out the Directory of Services for Victims of Abuse. This booklet does not contain a complete statement of the law in the area of sexual assault and laws change from time to time.

Anyone needing specific advice on his or her own legal position should consult a lawyer. Its goal is to provide the public with information about the law.

We gratefully acknowledge the cooperation of the Fredericton Sexual Assault Centre, Victims Services, Department of Justice and Public Safety, the Public Prosecutions Branch, Office of the Attorney General of New Brunswick, as well as the healthcare and social service professionals who reviewed and commented on this booklet.

Box Fredericton, N.

Back to Criminal Law. Disclaimer : Please note that our website contains general information about the law. This is not a complete statement of the law on particular topics.

We try to ate our publications often, but laws change frequently so it is important for you to check to make sure the information is up to date. The information in our publications is not a substitute for legal advice.

To receive legal advice about your specific situation, you need to speak to a lawyer.

Sexual activity means sex, oral sex, and sexual touching. Under the Criminal Code of Canada youth under 18 cannot engage in anal sexual activity; If you are 16 or 17 years old you can generally consent to sexual activity, except. The Age of Consent in Canada is 16 years old. The age of consent is raised to 18 when the older party is in a position of trust or authority over the other, the. Statutory Rape in Canada is defined as any sexual contact with a person 16 years old is the minimum age that a person can legally consent to who is 14 years old and a person who is 18 years old engage in sexual In the past, the Canadian Criminal Code stated that every act of anal sex is illegal.
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