The
Tackling Violent Crime Act took effect on 1 May 2008, raising the age of consent from 14 to 16. There are 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 less than two years older than them. A fourteen- or fifteen-year-old can consent to sexual activity with a partner who is less than five years older than them.
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. Section 153 (1.2) of the Code provides that a judge can infer whether or not a relationship is "exploitative" by considering its nature and circumstances including 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. The "position of trust under 18" anti-exploitation rules were expanded in 2005 by
Bill C-2 where a judge may choose to term a situation to be sexual exploitation based on the nature and circumstances of the relationship including the age of the younger party, age difference, evolution of the relationship (how it developed, e.g. quickly and secretly over the Internet), the control or influence over the young person (degree of control or influence the other person had over the young person). This passed before the 2008 amendments, and they were not repealed so they are still in effect and can apply towards adults in these situations with young persons over the age of consent and under 18 (16–17). 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 sixteen years, it is not a defense that the complainant consented to the activity that forms the subject-matter of the charge.
History of the Canadian age of consent During the 19th century, the age of consent for heterosexual vaginal sex was 12; in 1890, the Parliament raised the age of consent to 14. The punishment for anyone who had sexual intercourse with someone younger than 14 was
life imprisonment and
whipping, while the punishment for anyone who attempted to seduce an underage girl was two years' imprisonment and whipping. Canada also had laws against "seducing" minor girls who were over the age of consent. In 1886, a law was enacted that made the "seduction" of a girl over 12 and under 16 "of previously chaste character" a criminal offence; the "seduction" of a female under 18 "under promise of marriage" was also made illegal in 1886, and amended in 1887 to apply to females under 21. After the raising of the age of consent to 14, the laws against "seducing" minor girls were amended to apply to those older than 14, and various laws of this kind have remained in force through the 20th century. In June 2019, Bill C-75 repealed Section 159, making anal intercourse subject to the same age of consent requirements as other sexual acts. Female homosexuality was never illegal in the former British colonies; oral sex was legalized in 1969 with the same age of consent as vaginal sex. == Cayman Islands (United Kingdom)==