Sexual Interference
Sexual interference and invitation to sexual touching, outlined in sections 151 and 152 of
the Criminal Code, respectively, constitute offenses related to sexual acts against
individuals below the age of consent, typically set at 16 years. Legally, individuals under
16 are generally unable to consent to sexual activity. It's crucial to note that consent, or an
honest but mistaken belief in consent, is not a defense in many sexual interference cases.
Sexual interference encompasses any intentional touching of any part of a young person's
body for a sexual purpose. Invitation to sexual touching involves inviting, counselling, or
inciting a young person to touch another person's body for a sexual purpose. Proving guilt
requires demonstrating that the touching was both intentional and sexual. Evidence may
include the specific part of the body touched or any accompanying words or gestures
during the touching.
What is the age of Consent?
The age of consent is the legally defined age at which an individual can agree to participate in sexual activity, encompassing sexual intercourse or other forms of sexual contact. Canada’s age of consent laws are uniform across all Provinces and Territories, applying consistently to various forms of sexual activity, ranging from kissing and fondling to sexual intercourse. It establishes the minimum age at which individuals are considered legally capable of providing valid and lawful consent for engaging in sexual activities.
The age of consent is the legally defined age at which an individual can agree to participate in sexual activity, encompassing sexual intercourse or other forms of sexual contact. Canada’s age of consent laws are uniform across all Provinces and Territories, applying consistently to various forms of sexual activity, ranging from kissing and fondling to sexual intercourse. It establishes the minimum age at which individuals are considered legally capable of providing valid and lawful consent for engaging in sexual activities.
While the age of consent for sexual activity in Canada is 16 years, in certain cases, the age
of consent may be higher, especially when there exists a relationship of trust, authority, or
dependency. Individuals must be at least 16 years old to legally agree to participate in any
form of sexual activity, unless one of the “close in age” exceptions applies.
Close in Age Exceptions
- For 14 or 15 Year Olds:
A 14 or 15-year-old can consent to sexual activity if their partner is less than five
years older and there is no relationship of trust, authority, or dependency, or any
other form of exploitation. Sexual activity with a partner five years or older than
the 14 or 15-year-old, even with consent, is considered a criminal offence.
- For 12 and 13 Year Olds:
A 12 or 13-year-old can consent to sexual activity if their partner is less than two
years older and there is no relationship of trust, authority, or dependency, or any
other form of exploitation. Any sexual activity with a partner two years or older
than the 12 or 13-year-old, even with consent, is deemed a criminal offence.
For more information on Sexual Interference and other sexual offences, contact us now.
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