In Canada, the age of consent is 16 years old, but the Criminal Code of Canada when dealing with the age of consent is more complicated. An individual can consent in the following situations:
- Any person who is 14 years old can consent to sexual activity with someone up to the age of 18.
- Any person who is 15 years old can consent to sexual activity with someone up to the age of 19.
- Any child who is 13 years old can only legally consent to sexual activity with someone up to the age of 14.
- Any child who is 12 years old can only legally consent to sexual activity with someone up to the age of 13.
They Consented. Why am I Being Charged?
The Criminal Code of Canada outlines several circumstances which can vitiate consent, some examples being fraud, or by force. When dealing with sexual assault offences involving minors, one of the main ways to vitiate consent is when the accused is in a position of trust or authority. When you are charged with sexual exploitation, the Crown will need to prove that you are in a position of trust or authority with respect to the complainant. The Crown, however, is not required to prove that you exercised this authority (i.e. a doctor only providing needed medication after sexual activity with the complainant).
How Can I Defend my Charge for Sexual Exploitation
The criminal defence lawyers at Lockyer Zaduk Zeeh have many years of experiences defending people charged with sexual assault across Ontario, such as Toronto, Oshawa, Lindsay, Peterborough, Cobourg, Belleville, Napanee, and Kingston. If you or someone you know had been charged with sexual assault, please give us a call at 416-613-0416 to set up a consultation with one of our criminal lawyers.