What is the age of consent in Canada?
The term “age of consent” refers to the age at which individuals can consent to sexual activity. In Canada, the general rule is that the age of consent in Canada is 16 years old. There are two exceptions to this rule: the close age exception and the nature of the relationship between the parties.
The close age exception allows 14- or 15-year-olds to consent to sexual activity if the other party is less than five years older than them and the relationship between the parties is non-exploitative. This means that a 14-year-old can consent to sexual activity with an 18-year-old. The close age exception also applies to 12- or 13-year-olds. 12- or 13-year-olds can consent to sexual activity with individuals 2 years older than them if that relationship is non-exploitative. This means that a 13-year-old can consent to sexual activity with a 15-year-old.
When does the age of consent increase to 18?
The age of consent can increase depending on the relationship between the parties. 16- or 17-year-olds cannot consent to sexual activity with another if:
- There is a relationship of trust between the parties;
- There is a relationship of dependency between the older person and the younger person; and
- The relationship between the parties is exploitative.
A relationship may be categorized as exploitative depending on:
- The age of the younger party;
- The age difference between the parties;
- The evolution of the relationship; and
- The degree of control or influence the older party has over the younger party.
If a relationship is deemed exploitative, the sexual exploitation law in Canada increases to 18 years old.
What if I didn’t know the person I was talking to was underage?
You cannot claim that you thought the person you were talking to was of age unless you took all reasonable steps to find out their age. Determining whether someone has taken all reasonable steps will depend on the context of the situation. For example, in some cases it is enough if a person appears older than 16 years-old based on their demeanor, dress, and makeup. Reasonable steps can also be proven if a person lists their age on dating apps as 18 and when messaging you claim that they are 18.
I’ve been charged with a sex-crime against someone underage–what do I do?
If you have been charged with a sex-crime against an underage person, contact Roulston Urquhart criminal defence lawyers immediately. We are experienced in handling criminal defence for sex crimes and we will walk you through the process including what to expect.
It’s essential that you:
- End communication with the person accusing you;
- Do not apologize to them;
- Do not reply to texts, emails, phone calls voicemails, or any other form of communication; and
- Save all available evidence including snapchat messages, text messages, emails, photos, videos, phone records, and their dating profile.
Our experienced sex crime lawyers in Calgary are here to help guide you through these challenging legal situations.
