Replies to '04/12 Dangerous Love'
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April 13, 2006, 9:57 am PDT
 Quote From: ceildh1 Just to clarify, for the American public who may or may not be familiar with the laws in Canada, and for obviously the Teens in Canada who like to twist the law to suit their own ends and to justify their behavior. The Age of Consent in Canada is indeed ( as horrible as it sounds ) fourteen years of age, meaning a girl or boy of this age group can consent to sexual intercourse, BUT....... If anyone older than two years older ( Which means over the age of sixteen in this case, Sorry but some of these kids are having trouble with the math here ) has sex with a fourteen year old, it Statutory Rape, obviously there are parents out there that should be looking into this as well. Canadian Parents, if you are concerned, your fourteen year old brings home a twenty four year old, Daddy and Jounior should have a talk, and the local police should be called, you HAVE options Sorry to seem picky, but I hate to see such misinformation spread. Only if there is sex with a child UNDER THE AGE OF 14 does the age of the perpetrator matter. If a child is over 14, it is not a crime to have sex with him or her unless there is a "relationship of dependence" like Chuck has with Michelle or if the perpetrator was in a position of trust (like a family member, pastor etc) or authority (like a social worker, employer, teacher etc).
In Canada, Chuck would be guilty of many counts of sexual assault on Michelle and would likely spend some time in jail. Our criminal law is federal so it doesn't vary by Province.
These are the relevant provisions in Canada:
153(1) Sexual exploitation (b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person. 150.1(1) Consent no defence Where an accused is charged with an offence under section 151 or 152 or subsection 153(1), 160(3) or 173(2) or is charged with an offence under section 271, 272 or 273 in respect of a complainant under the age of fourteen years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge. 150.1(2) Exception Notwithstanding subsection (1), where an accused is charged with an offence under section 151 or 152, subsection 173(2) or section 271 in respect of a complainant who is twelve years of age or more but under the age of fourteen years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge unless the accused (a) is twelve years of age or more but under the age of sixteen years; (b) is less than two years older than the complainant; and (c) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant. 150.1(3) Exemption for accused aged twelve or thirteen No person aged twelve or thirteen years shall be tried for an offence under section 151 or 152 or subsection 173(2) unless the person is in a position of trust or authority towards the complainant, is a person with whom the complainant is in a relationship of dependency or is in a relationship with the complainant that is exploitative of the complainant. 150.1(4) Mistake of age 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 fourteen 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. 150.1(5) Idem 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. |
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