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.
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.
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 year old, any sexual activity is a criminal offence.
A 16 or 17 year old cannot consent to sexual activity if:
The following factors may be taken into account when determining whether a relationship is exploitative of the young person:
The Criminal Code protects all Canadians from sexual abuse and exploitation. For example, it protects everyone, including children, against:
The Criminal Code also protects children through child-specific offences including:
Other child-specific sexual offences include:
Child pornography is broadly defined and includes:
It is against the law for child pornography to be:
The maximum penalties for these offences range from 10 to 14 years.
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.
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.
It is against the law for anyone to:
The maximum penalties for these offences range from 10 to 14 years.
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.
In addition to these criminal laws against child sexual abuse and exploitation, each province and territory has its own child welfare laws to protect children against abuse, exploitation and neglect.