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| quote: | Originally posted by T-Soma
Well then smarty pants, did you know it is illegal to seduce a girl under the age of 18 in Canada?
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that's only correct if seduction=anal
| quote: | The Tackling Violent Crime Act took effect on 1 May 2008, making the current age of consent 16.
There exist two close in age exemptions, depending on the age of the younger partner. A youth of twelve or thirteen can consent to sexual activity with an individual no more than two years older than them. A fourteen- or fifteen-year-old can consent to sexual activity with a partner who is no more than five years older than them, or to whom they are married. (Marriages are permitted for those above 16 outside Quebec, and above 16 for males and 14 for females in Quebec.) Neither exception applies if the accused was in a position of trust or authority towards the victim, the victim was in a relationship of dependency with the accused, or if the relationship between the accused and victim is found to be exploitative.
Although Canada is a federation, the criminal law (including the definition of the age of consent) is in the exclusive jurisdiction of the federal government, so the age of consent is uniform throughout Canada. Section 151 of the Criminal Code of Canada makes it a crime to touch, for a sexual purpose, any person under the age of 16 years. Section 153 then goes on to prohibit the sexual touching of a person under 18 by a person in three circumstances: if he or she is in a "position of trust or authority" towards the youth, if the youth is in a "relationship of dependency" with him or her, or if the relationship is "exploitative". The term "position of trust or authority" is not defined in the Code but the courts have ruled that parents, teachers, and medical professionals hold a position of trust or authority towards youth they care for or teach. For determining whether or not a relationship is "exploitative", s. 153 (1.2) of the Code provides that a judge can consider how old the youth is, the difference in ages between the partners, how the relationship evolved, and the degree of control or influence that the older partner has over the youth.
Where an accused is charged with an offence under s. 151 (Sexual Interference), s. 152 (Invitation to sexual touching), s. 153(1) (Sexual exploitation), s. 160(3) (Bestiality in presence of or by child), or s. 173(2) (Indecent acts), or is charged with an offence under s. 271 (Sexual assault), s. 272 (Sexual assault with a weapon, threats to a third party, or causing bodily harm), or s. 273 (Aggravated sexual assault) in respect of a complainant under the age of fourteen years, it is not a defense that the complainant consented to the activity that forms the subject-matter of the charge.
Anal intercourse
Additionally, section 159 of the Criminal Code sets the age of consent for anal intercourse at 18 years, with an exception if the two partners are married. It is interesting to note that this section reads "husband and wife," even though same-sex marriages have been legal in Canada since 2005.
However, courts in Ontario (1995) and Quebec (1998) have independently declared Section 159 of the Criminal Code of Canada (Anal Intercourse) unconstitutional.
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