cover image: The Legal Age in Canada of Consent to Sexual Activity /

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The Legal Age in Canada of Consent to Sexual Activity /

19 Dec 2017

When, however, an accused is charged with an offence under section 151 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: • is less than two years older than the complainant; and • is not in a position of trust or authority towards the co [...] If an accused is charged with an offence under section 151 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: • is less than five years older than the complainant; and • is not in a position of trust or authority towards the complainant, [...] 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 [...] It then goes on to state that no consent is obtained where the complainant submits or does not resist by reason of: • the application of force to the complainant or to a person other than the complainant; • threats or fear of the application of force to the complainant or to a person other than the complainant; • fraud; or • the exercise of authority. [...] No consent is obtained where: • the agreement is expressed by the words or conduct of a person other than the complainant; • the complainant is incapable of consenting to the activity; • the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority; • the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or
government politics crime child pornography common law law punishment victim court crime, law and justice assault consent judiciary trial (court) canadian charter of rights and freedoms punishment (criminal) criminal code (canada) criminal code consent (criminal law) sexual assault witness mandatory minimum sentence age of consent sentence asset forfeiture
Pages
28
Published in
Ottawa, ON, CA

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