Log in

View Full Version : Canadian, specifically Ontario Laws regarding statutory rape.


mislyn
Mar 5, 2009, 09:02 AM
Hello, my question is what is the age rquirement for the perpetrator as well as the minor involved in sexual relations for it to be considered statutory rape in Ontario Canada, and can the charge be laid without the consent of the minor?

rainacidbeer
Mar 6, 2009, 12:00 PM
I think the age of consent is 16,it use to be 14.It's up to the prosecutor not the minor.

mudweiser
Mar 6, 2009, 12:10 PM
The Criminal Code does not now criminalize consensual sexual activity with or between persons 14 or over, unless it takes place in a relationship of trust or dependency, in which case sexual activity with persons over 14 but under 18 can constitute an offence, notwithstanding their consent. Even consensual activity with those under 14 but over 12 may not be an offence if the accused is under 16 and less than two years older than the complainant. The exception, of course, is anal intercourse, to which unmarried persons under 18 cannot legally consent, although both the Ontario Court of Appeal(3) and the Quebec Court of Appeal(4) have struck down the relevant section of the Criminal Code.

MRS.S

OR see here: Canada's Legal Age of Consent to Sexual Activity (PRB99-3E) (http://www.parl.gc.ca/information/library/PRBpubs/prb993-e.htm)

JudyKayTee
Mar 6, 2009, 01:32 PM
The Criminal Code does not now criminalize consensual sexual activity with or between persons 14 or over, unless it takes place in a relationship of trust or dependency, in which case sexual activity with persons over 14 but under 18 can constitute an offence, notwithstanding their consent. Even consensual activity with those under 14 but over 12 may not be an offence if the accused is under 16 and less than two years older than the complainant. The exception, of course, is anal intercourse, to which unmarried persons under 18 cannot legally consent, although both the Ontario Court of Appeal(3) and the Quebec Court of Appeal(4) have struck down the relevant section of the Criminal Code.

MRS.S

OR see here: Canada's Legal Age of Consent to Sexual Activity (PRB99-3E) (http://www.parl.gc.ca/information/library/PRBpubs/prb993-e.htm)



Wasn't this changed as of 5/1/2008 from 14 to 16 with a close to age exception (and a few other exceptions)?

And it is the Crown Attorney who makes the decision, not the minor.

OceanMills
Dec 23, 2010, 05:29 PM
Just want to know. My ex boyfriend is 22 years of age and has left me for a 15 year old girl. They believe that it is legal. I have been trying to tell them he is considered a petofile now and that it is satutory rape. Can someone help me out here.

fever
Nov 5, 2011, 08:47 PM
My daughter is 13 and she was secretly dating an 18 year old from our neighbourhood. She claims he did not pressure her to have sex but she thought she would lose him if she didn't, which sounds like pressure to me. It hurt a lot as well, and he could see that, but he didn't stop. All he said was 'are you sure you're ready'? (YEAH RIGHT AS IF A CHILD IS READY) and then when she nodded, wham he was in there and finished in a few minutes. That was her first time. That destroys me.
This was very short term - 2 weeks of dating - before my 18 year old son realized why his friend was coming over so much during this period and he caught them kissing, and told us. We forced the relationship to end by reminding him of the law and he said he understood, etc. and left. EXCEPT that night he snuck into her bedroom in the middle of the night (! ) and that is when it happened. I am still in shock about it all and his father basically is saying my daughter is mature for her age and it was consensual so I shouldn't ruin this young mans life by calling and reporting him to the police.
I don't know what to do. What does the law say and what happens to a child charged in that manner?

AK lawyer
Nov 6, 2011, 05:56 AM
Is this still Canada? This is one reason why we ask you not to add you question to someone else's thread.


My daughter is 13 and she was secretly dating an 18 year old ...
his father basically is saying my daughter is mature for her age and it was consensual so ...
An 18 year old having sex with a 13 year old is not consensual; it is rape. See post #3, above.


... what happens to a child charged in that manner?
Child? You mean the 18 year old? He is not a child. He is a pedophile.

JudyKayTee
Nov 6, 2011, 07:23 AM
I agree wholeheartedly with AK - and I'd worry less about what will happen to this stranger to you and more about how this will affect your daughter.

AK lawyer
Nov 6, 2011, 07:45 AM
... that night he snuck into her bedroom in the middle of the night (!!) and ...

Another felony to charge him with, by the way: burglary.

chrisnkim
Mar 2, 2013, 11:36 AM
I have a step daughter who is 15 and is dating/sexual relations with a 20 year old. Is this considered rape in Ontario? I thought it was if there was an age difference of 5 years if the youngest one was not to the age of 16 yet. Is this correct?

Please advise as I am concerned for the well being of my step daughter.

A concerned step mother...