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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. For more than years, beginning with the consolidation of Canada's first Criminal Codethe age of consent to sexual activity was 14, with a small exception introduced in which allowed consensual sexual activity between a person aged 12 to 14 and someone who was close in age.

The age of consent was raised to 16 in 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. That age limit was retained for over a century, save for a narrow exception for consensual sexual activity between young persons who are close in age, which was added to the Criminal Code 4 by an amending statute given Royal Assent in In general under this Act, a person below the age of 16 cannot consent to sexual activity.

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. Even consensual activity with those under 14 but over 12 may not be an Adult wants real sex Cana if the accused is less than two years older than the complainant. One exception to the age of consent is found in section of the Criminal Codewhich makes 18 the age of consent to anal intercourse, unless it is an act engaged in, in private, between husband and wife. Section It is an offence to touch any part of the body of a person under the age of 16 for a sexual purpose which is not defined.

When, however, an accused is charged with an offence under section in respect of a complainant who is 12 years of age or more but under the age of 14 years, it is a defence that the complainant consented to the activity that forms the subject matter of the charge if the accused:. If an accused is charged with an offence under section in respect of a complainant who is 14 years of age or more but under the age of 16 years, it is a defence that the complainant consented to the activity that forms the subject matter of the charge if the accused:.

Adult wants real sex Cana is a hybrid offence 8 with a mandatory minimum sentence of imprisonment for one year upon indictment or 90 days upon summary conviction. The maximum penalty for this offence is imprisonment for up to 14 years upon indictment or two years less a day upon summary conviction. It is an offence to invite, counsel or incite a person under the age of 16 to touch any person's body for a sexual purpose which is not defined.

This is a hybrid offence, with a mandatory minimum sentence of imprisonment for one year upon indictment or 90 days upon summary conviction.

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It is an offence for anyone who is in a position of trust or authority toward a young person, or is a person with whom the young person is in a relationship of dependency, or is in a relationship with the young person that is exploitative of the young person to commit acts amounting to either sexual interference section or invitation to sexual touching section against the young person.

The section states that a judge may infer that the accused is in a relationship with a young person that is exploitative of the young person from the nature and circumstances of the relationship, including the age of the young person, the age difference between the accused and the young person, the evolution of the relationship, and the degree of control or influence by the accused over the young person. This is a hybrid offence with a mandatory minimum sentence of imprisonment for one year upon indictment or 90 days upon summary conviction.

In certain instances, the age of a person involved determines whether the activity in question constitutes a criminal offence. One example is that of pornography. By contrast, any showing of sexual activity involving someone depicted as being under 18 years of age is a criminal offence.

In the case of child pornography, it is not necessary to prove that the depiction of the sexual activity was obscene. A of other offences where the age of the victim determines whether that particular offence has been committed are set out below.

It Adult wants real sex Cana an offence with a separate punishment regime to commit bestiality in the presence of a person under the age of 16 years or to incite a person under the age of 16 years to commit bestiality. This is a hybrid offence, with a mandatory minimum sentence of imprisonment for one year upon indictment or six months upon summary conviction.

The maximum penalty for this offence is imprisonment for 14 years upon indictment or two years less a day upon summary conviction. It is an offence to make, print, publish, possess, access, transmit, make available, distribute, sell, advertise, export, import or possess for the purpose of publication or transmission child pornography.

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Child pornography is broadly defined and includes:. A defence to a charge under this section is that the act alleged to constitute the offence has a legitimate purpose related to the administration of justice or to science, medicine, education or art, provided that the act does not pose an undue risk of harm to persons under the age of 18 years. There are a range of punishments for the various types of child pornography offences, with a maximum punishment of 14 years' imprisonment and a minimum punishment of imprisonment for one year.

It is an aggravating factor in sentencing if the offence was committed with the intent to make a profit. It is an indictable offence for every parent or guardian of a person under the age of 18 to procure 9 that person for the purpose of engaging in any sexual activity prohibited by the Criminal Code with a person other than the parent or guardian.

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The maximum sentence for this offence is 14 years' imprisonment, and the minimum sentence is one year's imprisonment. It is an indictable offence for every owner, occupier or manager of premises to knowingly permit a person under the age of 18 years to be on the premises for the purpose of engaging in any sexual activity prohibited by the Criminal Code. It is an offence to transmit, make available, distribute or sell sexually explicit material 11 to a person under the age of 18 years, for the purpose of facilitating the commission of a of offences with respect to that person.

This is a hybrid offence, with a mandatory minimum sentence of imprisonment for six months upon indictment or 90 days upon summary conviction. It is an indictable offence for any person in the home of to participate in adultery or sexual immorality or to indulge in habitual drunkenness or any other form of vice, and thereby endanger the morals of the child or render the home an unfit place for the child to be in. The maximum sentence for this offence is two years' imprisonment. This offence may only be prosecuted with the Attorney General's consent, unless the prosecution is by a recognized society for the protection of children such as ren's Aid Society or by an officer of a youth court.

It is an offence to use telecommunication to communicate with a person under the age of 18, 16, or 14 years, as the case may be, for the purpose of facilitating the commission of a of Criminal Code offences with respect to that person. It is an offence to agree with a person or make an arrangement with a person by means of telecommunication to commit an offence with Adult wants real sex Cana to another person under the age of 18, 16, or 14 years.

It is an offence to expose one's genitals to a person under the age of 16 if the accused does so for a sexual purpose. This is a hybrid offence, with a mandatory minimum sentence of imprisonment for 90 days upon indictment or 30 days upon summary conviction.

The maximum penalty for this offence is imprisonment for two years upon indictment or six months upon summary conviction. It is an offence to do anything for the purpose of removing from Canada a person who is ordinarily resident in Canada and who is:. Anyone who contravenes this section is guilty either of an indictable offence and is liable to imprisonment for a maximum term of five years or of an offence punishable on summary conviction. It is an indictable offence to recruit, transport, transfer, receive, hold, conceal or harbour a person under the age of 18 years, or exercise control, direction or influence over the movements of a person under the age of 18 years, for the purpose of exploiting them or facilitating their exploitation.

The punishment for this offence is a minimum of six years' imprisonment and a maximum of life imprisonment if the offender kidnaps, commits an aggravated assault or aggravated sexual assault against, or causes death to, the victim during the commission of the offence. In any other case, the minimum punishment is five years' imprisonment and the maximum punishment is 14 years' imprisonment.

Related offences include receiving a material benefit from trafficking of a person under 18 years of age section Abduction of person under sixteen section and abduction of person under fourteen section are two other offences that are defined by the age of the victim. While they do not reference sexual activity, they are frequently referred to in sexual offences involving young people, such as making sexually explicit material available to child section It is an indictable offence to obtain the sexual services of a person under the age of 18 years for money or something else of value.

The punishment for this offence is a maximum of 10 years' imprisonment and a minimum of six months' imprisonment for a first offence and one year's imprisonment for each subsequent offence. By the terms of section It is an indictable offence to procure a person under the age of 18 years to offer or provide sexual services for money or something else of value.

The punishment for this offence is a maximum of 14 years' imprisonment and a minimum of five years' imprisonment. It is an indictable offence to celebrate, aid or participate in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16, regardless of whether that person is doing so voluntarily. For certain offences, age is a factor to be considered when imposing a sentence. In some instances, a mandatory minimum sentence applies if the victim is below a certain age, while in others the maximum penalty is increased if the victim is below a certain age.

The offences in which age is an additional factor in Adult wants real sex Cana are presented below. It is an indictable offence to have sexual intercourse with another person, knowing that the person is a parent, child, brother, sister, grandparent or grandchild by blood relationship.

There is a mandatory minimum sentence of imprisonment for five years if the other person is under the age of 16 years. The maximum penalty for this offence is imprisonment for 14 years. It is an offence to commit a sexual assault. If the complainant is under the age of 16 years, the punishment for this hybrid offence is a mandatory minimum sentence of imprisonment for one year upon indictment or six Adult wants real sex Cana upon summary conviction. If the complainant is under 16 years of age, the maximum penalty for this offence is imprisonment for 14 years upon indictment or two years less a day upon summary conviction.

It is an indictable offence to commit a sexual assault while carrying, using or threatening to use a weapon or an imitation of a weapon; threatening to cause bodily harm to a person other than the complainant; or causing bodily harm to the complainant. If the complainant is under the age of 16 years, the punishment for this offence is a mandatory minimum sentence of imprisonment for five years, while the maximum penalty is imprisonment for life. Different punishments apply when the complainant is older than 16 and when there are other considerations, such as the use of a firearm in the commission of the offence.

It is an indictable offence, while committing a sexual assault, to wound, maim, disfigure or endanger the life of the complainant. As mentioned in section 4. This section defines an assault, in part, as applying force intentionally to another person without that person's consent. It then goes on to state that no consent is obtained where the complainant submits or does not resist by reason of:. No consent is obtained where:. Thus, an accused person can argue in defence that a complainant consented to the sexual activity in question.

This consent, however, cannot be assumed or taken as implied or given in advance. A of the offences outlined above can be prosecuted in Canada even if the offence is committed beyond Canada's borders. It is an offence 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.

Section 7 4. In addition, by the terms of section 7 4. First, when an accused is charged with an offence under section, 2or in respect of a complainant who is 12 years of age or more but under the age of 14 years, it is a defence that the complainant consented to the activity that forms the subject matter of the charge if the accused:.

Second, if an accused is charged with an offence under section, 2or in respect of a complainant who is 14 years of age or more but under the age of 16 years, it is a defence that the complainant consented to the activity that forms the subject matter of the charge if the accused:. The same provision applies where the complainant is believed to be 18 years of age or more when the charge is one under section sexual exploitationparent or guardian procuring sexual activityhouseholder permitting prohibited sexual activitycorrupting children The accused must show what steps he or she took and that those steps were all that could be reasonably required of him or her in the circumstances.

It may be more difficult to determine the age of a young person when the only contact with him or her is by means of telecommunication, as with the luring offence set out in section This section repeats that it is not a defence to a charge under the luring section that the accused believed that the person he or she was in contact with was at least 18, 16 or 14 years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person. It goes further, though, in stating that evidence that the young person contacted was represented to the accused as being under the age of 18, 16 or 14 years is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.

When children are the alleged victims of one of the offences discussed above, special rules may be invoked to assist them in giving evidence or to protect their interests. Thus, while section of Adult wants real sex Cana Criminal Code states that there is a presumption that proceedings against an accused shall be held in open court, a judge may order the exclusion of the public or the shielding of a witness from public view under a of circumstances, one of which is the need to safeguard the interests of witnesses under the age of 18 years.

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Section goes further and requires a judge to state the reason for not excluding the public if an application is made for such an order by the prosecutor or the accused where the accused is charged with a of offences involving young people. One of these circumstances is that of a witness who is under the age of 18 years. Such an order shall be made upon application of the prosecutor or the witness unless the judge is of the opinion that it would interfere with the proper administration of justice. While section of the Criminal Code states that an accused, other than an organization, shall be present in court during the whole of his or her trial, section There is provision for a judge who is of the opinion that the order would interfere with the proper administration of justice not to give this order.

Upon application by the victim, the prosecutor or a witness under the age of 18 years in a trial concerning a listed offence, the judge shall make the order. In proceedings for an offence under section Section of the Criminal Code deals with some of the methods by which the age of a person may be proven. It specifies that the testimony of a person as Adult wants real sex Cana the date of his or her birth is admissible as evidence of that date.

The testimony of a parent as to the age of his or her child is also admissible, as is a birth or baptismal certificate. If there is no other evidence, a jury or judge may infer the age of or young person from his or her appearance. It says that such a proposed witness shall not take an oath or make a solemn affirmation; the evidence shall be received if the witness is able to understand and respond to questions. A party who challenges the capacity to testify of a proposed witness under 14 years of age has the burden of satisfying the court that there is an issue as to that capacity.

If the court is satisfied that there is a capacity issue, it shall conduct an inquiry to determine whether the proposed young witness is able to understand and respond to questions. The court shall, before permitting a proposed witness under 14 years of age to give evidence, require the witness to promise to tell the truth.

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If the evidence of a witness under 14 years of age is received by the court, it shall have the same effect as if it were taken under oath. Certain legal consequences may follow conviction for a of the offences described above. Under section Under both of these provisions, therefore, the sentence for abusing a young person would tend to be a heavier one than when the victim of the abuse is an adult.

A conviction for committing a sexual offence against a young person may carry consequences in addition to a sentence of imprisonment and a criminal record. When an offender is convicted of a specified sexual offence in respect of a person who is under the age of 16 years, the court that sentences the offender may impose an order of prohibition under section of the Criminal Code.

This order can prohibit the offender from:. The prohibition order may be for life or some shorter period, and its terms may be varied upon application of the offender or the prosecutor. Under section 42 2 j of the Youth Criminal Justice Act22 a section prohibition order may not be imposed upon a young person. Failure to comply with the order is a hybrid offence, with a maximum punishment of four years' imprisonment upon indictment or 18 months' imprisonment upon summary conviction.

Given the nature of the three offences referred to in this section, the property used to commit them will often be computers and telecommunication devices. This may result in the thing being returned to the person or their receiving compensation for it. Depending upon the offence and its maximum punishment, the registration as a sex offender can last for 10 years, 20 years or life.

The deated offences are set out in section Under the Sex Offender Information Registration Acta sex offender must report to a registration centre and provide Adult wants real sex Cana information, such as the address of every place at which he or she is employed or retained or is engaged on a volunteer basis.

Adult wants real sex Cana

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Legal age of consent