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What's New at ARCC
A
question we are often asked is; what is the age of consent?
This question does not have a simple answer. Bill
C-22 has been passed to increase the general age of protection to
16. Please read their summary.
Media Relations
Department of Justice Canada
(613) 957-4207
Backgrounder – Bill C-22
Age of Protection Legislation
As part of its Speech from the Throne commitment to tackle crime
and its pledge to protect Canadian families and communities against
sexual predators, the Government has introduced “age of protection”
legislation. The legislation raises the age of consent
from 14 to 16 years old, in order to help stop adults from sexually
exploiting vulnerable young people.
Understanding “Age of Protection”
The age of protection, or age of consent as it is also called,
refers to the age at which the criminal law recognizes the legal
capacity of a young person to consent to sexual activity. Below this
age, all sexual activity with a young person, ranging from sexual
touching to sexual intercourse, is prohibited. The current age of
consent is 18 years old when the sexual activity involves
exploitative activity. This applies to such cases as
prostitution, pornography, or where there is a relationship of
trust, authority, dependency or any other situation that is
otherwise exploitative of a young person. Under the current law,
the age of consent for non-exploitative sexual activity is 16 years
old.
Building in Reasonable Exceptions
The Government equally recognizes that Canadian youth, like all
youth around the world, are sexually active. Close-in-age exceptions
have been included in the legislation to protect against the
criminalization of consensual teenage sex. This exception would
apply to 14 and 15 year old youth who engage in non-exploitative
sexual activity with a partner who is less than five years older.
The bill maintains an existing close-in-age
exception that exists for 12 or 13 year olds who engage in sexual
activity with a peer who is less than 2 years older, provided the
relationship is not exploitative. The legislation also maintains
the existing age of protection of 18 years old for exploitative
sexual activity.
*underlined text has been underlined by ARCC to highlight
legislated ages at a glance.
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