You can be charged with a sexual offence for sexual activity with a minor under 16 years of age. In Canada all sexual activity, from sexual touching to sexual intercourse, with a minor sixteen years and younger, who is more than fives years your junior is a criminal offence.
As of the age of consent for sexual activity is 16 years. All sexual activity without consent, regardless of age, is a criminal offence. Are there exceptions to the age of consent? There are circumstances in which the age of consent is older than sixteen.
Where the sexual activity is determined to exploits the young person, such as when it involves prostitution, pornography or occurs in a relationship of authority, trust or dependency the age of consent is 18 years. This means that anyone who engages in anal sex that is under eighteen years of age is committing a criminal offence. This law is widely thought to be discriminatory, specifically against homosexual males.
On November 15, the Minister of Justice introduced a bill that would repeal that provision. If section is successfully repealed the age of consent for anal intercourse would as well be 16 years of age. There are instances when sexual activity between minors under 16 can be legal.
Where sexual activity occurs with 16 or 17 years olds within a relationship of trust, authority, dependency or where there is other exploitation this can be a criminal offence. Exploitation is determined the nature and circumstances of the relationship. When determining whether or not an act was exploitive to a 16 or 17 years old the courts consider 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.
These offences include the following: Section Sexual Interference 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; Section Incest 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; Section 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; Section The penalty for this offence is a maximum of 10 years imprisonment; Section 2 Exposure 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; Section and Procuring 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.
The penalties for these offences include mandatory minimum periods of imprisonment and vary up to a maximum of 14 years imprisonment. Section Bestiality 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, Subsections 7 4. 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.
If you have been charged with any of the above mentioned sexual offences contact Kostman and Pyzer today to lear about the defences that may be available to you!