Originally Posted by hiwiseguy
Obviously, the vast age difference DOES matter in the "blind" eyes of the Canadian judicial system, as the link Scott gave says:
"Bill C-2 provides increased protection against exploitative sexual activity. It creates a new offence against the sexual exploitation of youth under 18 years where the relationship is exploitative of the young person, as evidenced by the nature and circumstances of the relationship, including the age of the young person, the difference in age between the youth and the other person, how the relationship evolved, and the degree of control or influence exercised over the young person.
Bill C-2 also recognizes that there are other indicators, including:
* age difference: is the other person much older than the young person
So the fact that he is 31 and she is 16 would be looked down upon BY THE COURTS, by their own admission, more than say a 16 and 22 year old. The difference in age DOES matter.
Can you tell me, please, what your definition of exploitative is? To me, it is when the one person is using the other in a way that benefits him and harms the other. By that definition, the 31 year old WOULD be committing this offense, in my opinion, because he gains from fulfilling his sexual fantasies with 16 year olds, young, innocent (maybe not so innocent by teenage standards, but very inexperienced and naïve, so innocent by adult standards). She would be harmed because he would be using her teenage emotions, hormones, and female tendencies (every girl likes to feel wanted), and after the relationship, she could be emotionally scarred, though that depends on how strong a person she is, as well as other factors.
Can you give an example of a relationship like this that isn't exploitative, and how it would be defended in court, when 31 year olds are at a COMPLETELY different time in their life, have different goals, etc. Under what circumstances would they have any need/desire for a 16 year old (more worried about which boy in gym is the hottest, when their boobs will start growing, how their mom is making them go to summer school, etc.) when he is worried about how to get to the next level in his career, having another kid or two, and saving for retirement? These are likely things that would be brought up in court when trying to establish whether this was an exploitative relationship, and deserve answers.
Of course, this is all ignoring if there is more obvious evidence of exploitation, such as when they start having a sexual relationship, he forces her to do things in that regard she isn't comfortable with, or he uses his position to control her, which is yet to be seen.
Bottom line, she is 16 and with a 31 year old. Whether this is right or wrong is irrelevant, we are talking legality, which includes establishing intent. At 16, she is likely trying to please him at any expense, while (assuming he is on par for maturity for his age) he is telling her what to do, where to go, etc (in regards to sex, assuming she is still a virgin) and is telling her how to act (if he introduces her to the parents, friends, or takes her out in public). Of course there is the possibility that this won't end up being an exploitative relationship, but like Scott said, HIGHLY unlikely (actually I think he said possible, but not probable).