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A coach, spiritual leader, teacher, school principal, guidance counsellor or family member are all examples of persons in a position of trust or authority with youth. For exploitative sexual activity prostitution or pornography, or where there is a relationship of trust, authority or dependency , the age of consent is 18 years. The spirit of the new legislation is not to regulate consensual teenage sexual activity. To this effect, there are a few notable exceptions to the law:.

Children younger than 12 years of age can never consent to sexual activity with anyone, of any age, regardless of whether they say they do.

As before, all nonconsensual sexual activity, regardless of age, constitutes a sexual assault. Exploitative sexual activity, sexual assault or sexual activity with anyone younger than 12 years of age or between 12 and 16 years of age, except as above, should raise child protection concerns.

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All Canadian provinces and territories have child protection legislation with mandatory reporting laws for suspected cases of child maltreatment. It is important for physicians counselling sexually active youth to enquire about consent and the age of their partner. As always, as a means to safeguard the trust relationship that exists between physician and patient, it is advisable for physicians to discuss the limits of confidentiality with all their young patients before entering into such conversations. As the new legislation gets implemented, child welfare agency responses to such concerns may differ from province to province.

Third-degree rape to have sexual intercourse with a person under age Defense that the actor was less than three years older than the victim at the time of the offense. Second-degree rape to have sexual intercourse with a person under age First-degree rape to have sexual intercourse with a person under age Up to five years in prison.

Rape to engage in sexual intercourse with a complainant who is less than 13 years of age. Rape to engage in deviate sexual intercourse with a complainant who is less than 1 13 years of age or 2 16 years of age and the actor is four or more years older. Third-degree sexual assault for anyone over age 18 to engage in sexual penetration with someone over age 14 and under age First-degree criminal sexual conduct with a minor to have sexual intercourse with a person under age Second-degree criminal sexual conduct with a minor to have sexual intercourse with a person between ages 11 and Rape to sexually penetrate a person under age Rape to sexually penetrate a person between ages 10 and 16 if the actor is at least three years older than the victim.

Statutory rape to sexually penetrate a person at least age 13 but less than age 18 if the actor is at least four years older than the victim. Any actor under age 18 must be tried as a juvenile and cannot be transferred to adult court. Two to six years in prison.


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Sexual assault for anyone to intentionally or knowingly penetrate a person under age 17, other than his spouse. The actor has an affirmative defense if he is not more than three years older than the victim, who is at least age Unlawful sexual activity with a minor to have sexual intercourse with someone age 14 or Unlawful sexual activity with a minor to have sexual intercourse with someone age 16 or 17 if the actor is 10 or more years older than the victim.

Up to five years in prison, unless the actor is less than four years older than the victim. Sexual assault to engage in a sexual act with a person under age 16, except where the actors are married and the act is consensual. Aggravated sexual assault for anyone age 18 or older to engage in a sexual act with someone under age Sexual intercourse with a child under the age of thirteen. Carnal knowledge of a child between ages 13 and Carnal knowledge of a child between ages 13 and 15 when the actor is a minor and the victim is three or more years younger.

Age of Consent to Sexual Activities | Éducaloi

Carnal knowledge of a child between ages 13 and 15 when the actor is a minor and the victim is less than three years younger. First-degree rape of a child to have sexual intercourse with a person less than age 12 years and the actor is at least 24 months older. Second-degree rape of a child to have sexual intercourse with a person who is at least 12 but less than 14 years old if the actor is at least 36 months older than the victim. Third-degree rape of a child to have sexual intercourse with a person age 14 or 15 if the actor is at least 48 months older than the victim. First-degree sexual assault for a person age 14 or older to have sexual intercourse with a person age 11 or younger.

My Son Is Dating a Minor: Should I Be Worried About the Legal Implications?

Third-degree sexual assault for a person age 16 or older to have sexual intercourse with a person under age 16 and at least four years younger than the actor. Sexual intercourse with a person under 13 years of age. Sexual intercourse with a person under 16 years of age. Sexual intercourse with a minor at least age of Up to nine months in prison. Second-degree sexual assault to inflict sexual intrusion upon a person under age 12 and the actor is at least four years older than the victim. Third-degree sexual assault if, under circumstances not constituting first- or second-degree sexual assault, the actor is at least four years older than the victim and inflicts sexual intrusion on a victim under age Life in prison or between 10 and 99 years Two to 20 years in prison.

Up to 30 years in prison Up to 10 years in prison Up to one year in prison. Anyone who engages in an act of unlawful sexual intercourse with a person under age 18 and the actor is not more than three years older or three years younger, is guilty of a misdemeanor Anyone who engages in an act of unlawful sexual intercourse with a person under age 18 who is more than three years younger than the actor is guilty of either a misdemeanor or a felony Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony.

Up to one year in county jail Up to one year in county jail or by imprisonment in the state prison period unspecified Up to one year in a county jail or by imprisonment in the state prison for two, three, or four years. First-degree sexual assault to have sexual intercourse with a person under age 13 if the actor is more than two years older Second-degree sexual assault to have sexual intercourse with a person between ages 13 and 16 if the actor is more than two years older.

The combined sentence and special parole must equal at least 10 years Up to 20 years in prison nine months mandatory minimum. Up to 10 years Two to 20 years in prison Two to 20 years in prison with a 10 year minimum 15 years to life in prison. Six to 30 years in prison Six to 30 years in prison Up to one year in prison Three to seven years in prison.

Up to 10 years in prison. Up to 10 years in prison with or without hard labor Up to six months in prison. Gross sexual assault to have sexual intercourse with a person under age 14 Sexual abuse of a minor for anyone to have sexual intercourse with someone, other than his spouse, who is either age 14 or 15 and the actor is at least five years older. Up to 40 years in prison Up to one year in prison. Second-degree sexual offense to engage in a sexual act with a person under age 14 and the actor is at least four years older Third-degree sexual offense for someone at least age 21 to engage in a sexual act, including vaginal intercourse, with someone age 14 or 15 Second-degree rape to have vaginal intercourse with a person under age 14 if the actor is at least four years older.


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  • Up to 20 years in prison Up to 10 years in prison Up to 20 years in prison. Up to life in prison Up to 15 years in prison. Up to 30 years in prison Up to 15 years in prison. First-degree statutory rape to have sexual intercourse with another person who is less than fourteen years old Second-degree statutory rape for someone at least age 21 to have sexual intercourse with someone who is less than age Five years to life in prison Up to seven years in prison.

    One to 50 years in prison. First-degree criminal sexual penetration to engage in sexual intercourse with a child less than age 13 Fourth-degree sexual penetration to engage in sexual intercourse with a child age 13 to 16 if the actor is at least age 18 and at least four years older than the child. Basic sentence of 18 years in prison Basic sentence of 18 months in prison.

    Third-degree rape for anyone age 21 or older to have sexual intercourse with someone under age 17 Second-degree rape for anyone age 18 or older to engage in sexual intercourse with someone under age Up to four years in prison Up to seven years in prison Five to 25 years in prison. Up to 10 years in prison 1 Up to one year in prison if the victim is at least age 15 or 2 if actor is at least age 22 and the victim is a minor at least age 15, up to five years in prison.

    First-degree rape for a person over age 18 to have sexual intercourse with a person under age 14 In all other cases rape is second-degree rape. Five years in prison to death One to 15 years in prison.

    Defense that the actor was less than three years older than the victim at the time of the offense Second-degree rape to have sexual intercourse with a person under age Defense that the actor was less than three years older than the victim at the time of the offense First-degree rape to have sexual intercourse with a person under age After all, her consent is irrelevant. Her tears and the details of her claim help her credibility. Worse yet, the year-old may serve time in county jail or state prison, where sex offenders are treated with special contempt and often violence by other inmates.

    It can be a very dangerous place for a sex offender.

    What Is the Age of Consent?

    One of our clients, age 18, spent time in county jail for statutory rape he had quite a long record and was attacked by other inmates, receiving a wound that required 90 stitches to close and left him with quite a scar. For purposes of this article, it is assumed that the fifteen-year-old is a female and the eighteen-year-old is a male. Our advice to any adult, including someone who is 18, who seeks to date a fifteen-year-old is simple: