According to the Criminal Code of Canada, there are some people who cannot consent to sexual activity based on their age and the age of their partner. This table tells you how old you have to be to consent to vaginal or oral sex.
If the law does not consider you old enough to give consent, it means you are not responsible. Many victims who are assaulted by a partner are confused about what to do.
In reality, it is not the accused who presses charges, nor is it their decision.
This is a decision of the Provincial Crown Prosecutor.
The term “sexual activity” includes any sexual behaviour from touching for a sexual purpose (such as kissing) to sexual intercourse (such as vaginal penetration).
Here is a summary of the rules about sexual partners: But, these exceptions only apply if the older person is not in a position of authority or trust and there is no exploitation.
SASKATOON – A Saskatchewan teacher says she thought her sexual relationship with a former 16-year-old student was OK because he was at the legal age of consent and she was no longer the boy’s teacher.
Erin Osmond, who is 29, is on trial for sexual exploitation of a 16-year-old boy in 2013.
This international agreement sets out minimum and basic standards that all people under 18 should be entitled to.Mc Lean quoted a sexually charged text from Osmond to the boy dating from the day after her contract ran out.She asked Osmond if it was an appropriate conversation for a then 27-year-old woman to have with a 16-year-old boy, a mere 24 hours after she’d been teaching him English.It is a question of fact determined by the trier-of-fact based on the entirety of the circumstances and the credibility of the complainant. Mistake of age (4) It is not a defence to a charge under section 151 or 152, subsection 160(3) or 173(2), or section 271, 272 or 273 that the accused believed that the complainant was 16 years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant. Consent can be used in a limited fashion for a defence to a domestic assault. Any injury that occurs can only be justified as an accident and not an intentional assault. Idem (5) It is not a defence to a charge under section 153, 159, 170, 171 or 172 or subsection 212(2) or (4) that the accused believed that the complainant was eighteen years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.