News & Articles

Age of Consent to Sexual Activity in Canada – What You Need to Know

In Canada, whenever a person reaches the legal age of consent, they are free to engage in consensual sexual activities with others. However, when a person engages in sexual activities with someone who is below the legal age of legal consent, they may incur criminal charges. If they ultimately sustain a conviction on those charges, they could face extremely severe penalties, including significant amounts of jail time and other consequences.

The law in Canada does allow for some legal defences and exceptions when individuals incur criminal charges for statutory rape, sexual exploitation, and other sex crimes. If you are currently facing one of these criminal charges, it is important that you retain skilled legal counsel to represent you every step of the way. Waiting too long to seek legal help may jeopardize your freedoms and increase your likelihood of sustaining serious legal penalties and collateral consequences.

The experienced Alberta criminal defence lawyers at Alberta Legal can meet with you to discuss your criminal charge and the surrounding circumstances. We could also help you determine whether you are eligible to raise one or more legal defences to your pending charge and, if so, help you pursue a charge dismissal. If your circumstances raise a viable legal defence, we could help you build that defence(s) in preparation before trial. Alternatively, we may be able to help you obtain a fair plea deal from the Crown prosecutor in your case or represent you at your criminal sentencing hearing before a judge. Whatever your circumstances, we will fight for your legal rights every step of the way and help you secure the best possible result in your case.

For a free case evaluation and legal consultation with an experienced criminal lawyer Calgary, please call us at (587) 602-5878 or contact us online for more information.

What is the Legal Age of Consent in Canada?

The legal age of consent to sexual activity that is non-exploitative in nature is 16 years old. An exploitative situation exists where a relationship of trust, dependence, or authority exists between the involved parties, such as an underage student-teacher relationship. Exceptions also apply where the involved parties are close-in-age.

What is Legal Consent?

In plain terms, legal consent occurs when the involved parties voluntarily agree to participate in some form of sexual activity. However, anything that falls short of an agreement between the parties does not amount to consent. In Canada, there are specific instances where a party does not express consent, including:

• When a person is sleeping, unconscious, or otherwise unable to agree to the sexual activity in question
• When a person says “no,” exhibits nonverbal behaviours or signs, or otherwise demonstrates that they do not presently want to engage in the sexual activity – or that they do not wish to continue engaging in that activity
• When someone other than the involved party expresses the agreement to engage in the sexual activity
• Where the victim engages in the sexual activity because of an abuse of trust, power, or authority by the accused individual

It is also important that consent to the sexual activity in question is “active.” Therefore, the person who initiates the sexual activity must ensure that they have the other party’s full consent – and that they immediately stop the activity if the other party does not wish to continue. Consent must be obtained upon each and every step in the sexual contact.

Can an 18-year-old Date a 16-year-old in Canada?

Canada establishes the age of consent to sexual activity at 16 years of age. Therefore, an 18-year-old could legally date a 16-year-old, and the 16-year-old could legally consent to sexual activity – assuming that the older individual is not in a position of authority, power, or trust over the minor.

Can a 15-year-old Date an 18-year-old in Canada?

An exception to the age-of-consent laws in Canada applies to individuals who are 14 and 15 years old. In Canada, a person may engage in sexual activity with a minor who is 14 or 15 years of age if:

• The sex partner is no greater than four years older than the minor
• A relationship of trust, dependency, or authority does not exist between the two individuals, such as a teacher-student or coach-athlete relationship

In this type of scenario, an 18-year-old could legally date a 15-year-old in Canada, and the 15-year-old could legally consent to sexual activity – so long as the older partner is not in a position of trust or authority toward the minor.

Another exception applies to sexual partners who are aged 12 and 13. Under this exception, minors who are 12 and 13 years of age may legally consent to sexual activity with another person less than two years older than themselves. Therefore, a minor child who is 12 years of age could legally consent to sexual activity with another child who is 13 years of age.

What is Sexual Exploitation?

Sexual exploitation of a minor is a very serious criminal offence in Alberta. Although the age of consent to sexual activity in Canada is 16 years of age, the Criminal Code prohibits sexual activities between adults and minors who are under 18 years of age in certain situations. One of those situations exists when the older party is in a position of authority – or where a certain level of dependency exists between the adult participant and the minor participant. Common types of relationships that involve a position of trust, dependency, and authority include:

• Teachers and students
• Coaches and students
• Counsellors and patients

In cases where one of these relationships exists, and an adult engages in sexual activity with a minor who is under 18 years old, the adult may be charged with sexual exploitation of a minor. The Crown prosecutor will then have a legal duty to establish the adult party’s guilt. If the prosecutor is able to satisfy their legal burden, then the adult could receive a maximum of 14 years in jail.

When determining the extent of a relationship’s exploitative nature, a judge will also consider several factors, including:

• The minor’s age at the time when the alleged exploitation occurred
• How the relationship between the two parties evolved
• The difference in age between the two sex partners
• The extent to which the adult party controlled or influenced the minor participant

Statutory Rape in Canada

For an individual to be found guilty of statutory rape in Canada, the Crown prosecutor must show that an individual:

• Touched any part of a minor’s body
• That at the time the unlawful touching occurred, the minor was under the age of consent (typically, 16 years of age)
• That the offender engaged in the touching for sexual purposes, including sexual gratification

A person may also be guilty of statutory rape if they incite or invite a young person who is under the legal age of consent to touch any part of the adult’s body. Finally, if an adult has any type of sexual contact with a minor who is legally unable to consent, the adult may be guilty of statutory rape in Canada.

If you are currently pending a criminal charge for statutory rape, the experienced Alberta criminal defence lawyers at Alberta Legal could help you plan a defence and argue that defence on your behalf in court.

What are Some Other Sex Offences that Involve Children?

The Criminal Code of Canada imposes extremely harsh penalties on individuals who sustain convictions for child sex offences. In most instances, Crown prosecutors prosecute these crimes as indictable offences. When it comes to sentencing, prosecutors typically request that the offender receive significant jail time. In Alberta, there are starting point sentences. The judge is then left to determine the appropriate sentence to impose against the offender. Some of the most common criminal charges that an individual may face when it comes to child sex offences include child sex tourism, exposure, child pornography possession, luring a child, and child prostitution.

Child Sex Tourism

With respect to child sex tourism, whenever a Canadian commits a sex offence against a minor child, the government considers the offence to have occurred within Canada – even if it (physically) does not. If the other country does not prosecute the Canadian citizen or permanent resident who committed the offence, then Canada will undertake the prosecution and impose the appropriate penalties upon conviction.

Exposure

On the other hand, exposure occurs when someone exposes their genital organ(s), in any place, to a minor child who is under 16 years old for purposes of sexual gratification or some other sexual purpose. A Crown prosecutor could bring this charge either summarily or via an indictment. If the adult sustains a conviction, a judge could sentence them to a maximum of 2 years in jail, along with a 90-day minimum mandatory sentence.

Child Pornography

With respect to child pornography, the Criminal Code of Canada provides an extremely broad definition. Specifically, child pornography includes written, audio, and visual materials that involve a minor who is under 18 years of age, in which:

• The minor child is engaging in some type of explicit sexual activity
• The primary characteristic of the media is that it depicts a young person’s anal region or sexual organs – or explicitly presents unlawful sexual acts with a minor
• The materials advocate sexual activity with minors that is unlawful

In addition to penalizing individuals who unlawfully produce these materials, the Canada Criminal Code also penalizes individuals who access or possess child pornographic materials.

Under the Code, a prosecutor must always bring a charge for producing child pornography as an indictable offence. Upon conviction, an offender could receive a maximum of 14 years of incarceration. However, a prosecutor could bring charges of accessing or possessing child pornography as either an indictable or summary offence.

Luring a Child

Luring a child occurs when an adult uses electronic means, such as the Internet, as a means of communicating with a minor for purposes of committing an abduction or sexual offence. Types of internet communication which may amount to luring a child include communication for:

• Statutory rape
• Sexual exploitation
• Abduction and child pornography, regardless of the accused’s sexual intent

A conviction for luring a child in Canada could subject an offender to a maximum penalty of 14 years of incarceration.

Child Prostitution

Pursuant to the Protection of Communities and Exploited Persons Act, it is illegal in Canada to purchase sexual services. Prohibited sexual services that fall under the Act do not simply include sexual intercourse but also include:

• Masturbation
• Lap dances
• Paid sexual services (via webcam) that occur over the Internet

In cases where an individual sustains a conviction for purchasing sexual services from an individual who is under 18 years old, they could receive a maximum penalty of 10 years of incarceration, along with a 6-month mandatory minimum sentence.

In addition to child prostitution, it is against the law for an adult to encourage a minor child to participate in one or more acts of prostitution – or to reap a financial benefit from child prostitution. An individual who sustains a conviction for one of these offences could receive a maximum jail time of 10-14 years, depending upon the circumstances.

Contact an Experienced Criminal Defence Lawyer in Alberta Today

Child sex crime charges are some of the most serious criminal charges that an individual could face in Canada. Convicted offenders could receive significant jail time, high monetary fines, probations, and other serious legal consequences. In addition, convicted offenders may experience numerous collateral consequences that could affect their employment eligibility, as well as their ability to attend school at a college or university or find a decent place to live. Also, depending upon the nature and extent of the underlying offence, a convicted individual may need to register as a sex offender for a significant amount of time, making their designation visible to the public.

If you were recently arrested on a child sex crime charge, it is important that you retain experienced legal counsel to represent you in your case quickly. When individuals significantly delay seeking legal representation in their case, they often jeopardize their freedoms, as well as their legal rights. A criminal defence lawyer also needs to have ample time to review their case, develop legal strategies, and prepare possible defences for trial.

Moreover, if you show up to any of your court appearances without having a lawyer present, a judge is under no legal obligation to postpone your court date. In fact, the judge could make you go forward with your case without having a lawyer present.

At Alberta Legal, we could help you handle every aspect of your criminal case, including developing a strong legal defence to your charge(s) or negotiating a favourable plea deal with the Crown prosecutor handling your legal matter. We could also safeguard all of your legal and Charter rights while your case is pending in the court system and aggressively advocate for you during all legal proceedings – including your criminal trial. Our experienced team will do everything possible to help you obtain the best possible result, given the facts and circumstances of your criminal case.

For a free case evaluation and legal consultation with an experienced Alberta criminal defence lawyer, please call us at (587) 602-5878 or contact us online for more information.