The Tribune

EDITOR, The Tribune.

In the public discussion about the age of consent, it is useful to see what other jurisdictions are doing. It is important when making laws to not allow a particular case or the unwise pronouncements by a Minister of National Security to determine legal canons.

Sometimes public sentiment cannot see the way forward clearly because many people are outraged, often justifiably, about a particular case. Then politicians sometimes respond without thinking about the repercussions.

The Government and Attorney General Ryan Pinder should be careful and show good and long judgement in how it proceeds on the age of consent.

On its website, the Federal Department of Justice in Canada describes the “Age of Consent to Sexual Activity”. I offer this to help inform the public debate as well as the debate and discussions in cabinet.

The Canadian law is as follows:

“Consent to sexual activity

“The age of consent is the age at which a young person can legally agree to sexual activity. Age of consent laws apply to all forms of sexual activity, ranging from kissing and fondling to sexual intercourse.

“All sexual activity without consent is a criminal offence, regardless of age.

“These are serious offences that carry serious penalties, including mandatory minimum penalties.

Canada’s age of consent

“The age of consent to sexual activity is 16 years. In some cases, the age of consent is higher (for example, when there is a relationship of trust, authority or dependency).

In other words, a person must be at least 16 years old to be able to legally agree to sexual activity.

Close in age exceptions:

A 14 or 15-year-old can consent to sexual activity as long as the partner is less than five years older and there is no relationship of trust, authority or dependency or any other exploitation of the young person. This means that if the partner is 5 years or older than the 14 or 15 year old, any sexual activity is a criminal offence.

“There is also a ‘close in age‘ exception for 12 and 13 year olds. A 12 or 13 year old can consent to sexual activity with a partner as long as the partner is less than two years older and there is no relationship of trust, authority or dependency or any other exploitation of the young person.

“This means that if the partner is 2 years or older than the 12 or 13 years old, any sexual activity is a criminal offence.

Sexual exploitation

A 16 or 17 year old cannot consent to sexual activity if:

• their sexual partner is in position of trust or authority towards them, for example their teacher or coachthe young person is dependent on their sexual partner, for example for care or supportthe relationship between the young person and their sexual partner is exploitative“The following factors may be taken into account when determining whether a relationship is exploitative of the young person:

• the young person’s agethe age difference between the young person and their partnerhow the relationship developed (for example, quickly, secretly, or over the internet)whether the partner may have controlled or influenced the young person.

Sexual offences

“The Criminal Code protects all Canadians from sexual abuse and exploitation. For example, it protects everyone, including children, against:

• sexual assault

• sexual assault with a weapon

• aggravated sexual assault

• voyeurism

• trafficking in persons

• non-consensual distribution of intimate images

Child sexual offences

“The Criminal Code also protects children through child-specific offences including:

• sexual interference

• invitation to sexual touching

• sexual exploitation

Other child-specific sexual offences include:

• Child pornography

Child pornography is broadly defined and includes:

• any representation of a person who is, or is depicted as being, under the age of 18 years, engaged in explicit sexual activityany representation whose dominant characteristic is the depiction of the sexual organs or anal region of a person under the age of 18 years for a sexual purposewritten, visual and audio material that advocates or counsels unlawful sexual activity with a person under the age of 18

• written, visual and audio material whose dominant characteristic is the description of unlawful sexual activity with a person under the age of 18 for a sexual purpose

It is against the law for child pornography to be:

• made

• distributed

• made available

• sold

• possessed or accessed

• advertised

• exported or imported

The maximum penalties for these offences range from 10 to 14 years.

Luring a child

“It is against the law for anyone to use the internet to communicate with a young person in order to commit a sexual or abduction offence against that young person. This offence is sometimes called “internet luring.” The maximum penalty for this offence is 14 years.

Exposure

It is against the law for anyone to expose their genital organs for a sexual purpose to a person under the age of 16 years. The maximum penalty for this offence is 2 years.

Child prostitution

It is against the law for anyone to:

purchase the sexual services of a person under the age of 18 yearsmaterially benefit from child prostitutionencourage or incite a person under the age of 18 to participate in prostitution The maximum penalties for these offences range from 10 to 14 years.

Child sex tourism

“It is against the law for a Canadian or permanent resident to travel outside of Canada and engage in any sexual activity with a young person that is against the law in Canada. If the person is not prosecuted in the country where the offence is alleged to have occurred, the person could be prosecuted in Canada. If convicted, the person would face the same penalty as if that offence had occurred in Canada.”

JURIST

Nassau,

April 11, 2022.