Steven Bellemare , MD.
Author information Article notes Copyright and License information Disclaimer. Telephone , fax , e-mail ac. Accepted May To this effect, there are a few notable exceptions to the law: Youth 12 or 13 years of age can consent to nonexploitative sexual activity with peers when the age difference is no more than two years. For example, a year-old child is deemed capable of consenting to sexual activity with a year-old, but not a year-old. Youth 14 or 15 years of age can consent to nonexploitative sexual activity when the age difference is no more than five years.
For example, a year-old can consent to having sexual intercourse with a year-old, but not with a year-old. An act to amend the criminal code age of protection and to make consequential amendments to the criminal records Act, LSE. Human Resources and Social Development Canada. There are two close in age exemptions.
One allows a minor aged 12 or 13 to consent to sexual congress with an individual less then two years older. The other allows 14 and 16 year olds to consent to partners less than 5 years older. The age of consent is raised to 18 when the older party is in a position of trust or authority over the other, the younger party is in a relationship of dependency with the owner, or if the relationship is exploitative.
Every act of anal intercourse is criminalized with the exemptions for married couples or 2 people over age The exemptions become invalid if a third person is present of if the act does not take place in private.
The pre-sentence report is done by a probation officer. Can victims tell the Court how the crime has affected them? Yes, victims have the right to make a written Victim Impact Statement which can be filed with the court when the accused has been found guilty. See the pamphlet Victim Impact Statements.
The judge must consider your statement, among other things, in deciding on the sentence. If you wish, you can ask to read your statement aloud at the sentencing hearing. What type of sentence might an offender get? The punishments for sexual assault and sexual offences may range from a fine, to life in prison. The judge can also give a suspended sentence or probation.
Canada Age of Consent & Statutory Rape Laws
Convictions for child exploitation offences carry a mandatory minimum sentence. What should I do if someone sexually assaults me? Call the police or RCMP. In an emergency dial Tell the police where you are and what happened. The police can take you to the hospital right away where healthcare professionals can do an examination and gather evidence. Certain municipal police forces have victim service units. These units often offer crisis counseling.
Also, they may have staff or volunteers who will accompany the police when they are talking to a sexual assault victim.
The police will ask you a lot of detailed questions. Write down everything you can remember, including:. The police will either write your answers in a statement or they will use audio or videotape to record your answers.
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Even if you do not call the police right away, get medical attention. Go to the nearest hospital.
The healthcare professional will examine you for injuries and explain the risk of pregnancy, AIDS and sexually transmitted diseases. A specially trained healthcare professional may be available at the hospital to help you and to give you support. You can also get support and help 24 hours a day from a sexual assault centre or a crisis line.
They have experience talking to people who have been sexually assaulted. They can give information and answer your questions.
I was sexually assaulted six months ago. Can the police still lay charges? It depends on the seriousness of the assault. There is no time limit for reporting and laying charges for a serious sexual assault an indictable offence. However, there is a six month time limit for laying charges for a sexual assault which the law considers less serious in nature a summary conviction offence.
Age of consent for sexual activity in Canada
In any case, the sooner you call the police, the easier it is for them to collect the evidence needed to prove the charge. Check our website at: They can offer support at the time of crisis and tell you about resources and counseling services in your area. Just need to talk or learn about resources in your area?
You can get more information on support and services for victims of sexual assault from your provincial Victim Services Office. And check out the Directory of Services for Victims of Abuse. This booklet does not contain a complete statement of the law in the area of sexual assault and laws change from time to time. Anyone needing specific advice on his or her own legal position should consult a lawyer. Its goal is to provide the public with information about the law.
- Age of consent for sexual activity in Canada?
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We gratefully acknowledge the cooperation of the Fredericton Sexual Assault Centre, Victims Services, Department of Justice and Public Safety, the Public Prosecutions Branch, Office of the Attorney General of New Brunswick, as well as the healthcare and social service professionals who reviewed and commented on this booklet. Box Fredericton, N.