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Grama1 · Jun 15, 2011, 12:45 PM

My Then 16 year old daughter was talked into a relationship with a 24 year old man, which resulted in a baby. Can he be charged in Alberta? I'm not sure, but I thought there was something about him being more then 5 years older then her. Please someone who really knows the answer to this, please reply.

AK lawyer · Jun 15, 2011, 01:43 PM

I don't think you can get him charged with a crime:

"...'The Tackling Violent Crime Act took effect on 1 May 2008, raising the age of consent to 16 from 14.[6]

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 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.[7]

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. ..." Ages of consent in North America - Wikipedia, the free encyclopedia

Bottom line is that the age of consent is 16. So it doesn't really matter what the age difference is.

Fr_Chuck · Jun 15, 2011, 03:00 PM

While I wish they could issue you a license to hunt him down, sorry it appears that as AK mentioned the age of consent is 16. Which makes them prime target for creeps like that.

earl237 · Jun 17, 2011, 05:47 PM

With a majority Conservative government now in power in Canada, you should consider getting a petition going to send to Ottawa about raising the age of consent to 18 as I believe it is in some U.S. states. A 16-year-old is not mature enough to make decisions that can have lifelong consequences.

ScottGem · Jun 17, 2011, 05:51 PM

Originally Posted by earl237

With a majority Conservative government now in power in Canada, you should consider getting a petition going to send to Ottawa about raising the age of consent to 18 as I believe it is in some U.S. states. A 16-year-old is not mature enough to make decisions that can have lifelong consequences.

And how will that affect the current situation?

Alty · Jun 17, 2011, 06:00 PM

Originally Posted by ScottGem

And how will that affect the current situation?

It won't. Not at all.

I'm in Alberta, and as the others have said, the legal age of consent is 16, so the father of your daughters child did nothing wrong legally.

There's nothing you can do but love your daughter and the child that resulted from her poor judgement.

earl237 · Jun 17, 2011, 06:27 PM

It's a shame that it's too late for her situation but it could help prevent similar situations in the future. A parent of an irresponsible 16 or 17 year old dating a much older man would be able to report the situation to the police and they could arrest him and hopefully the young people would be more mature by the time they are 18.

ScottGem · Jun 17, 2011, 06:36 PM

Originally Posted by earl237

It's a shame that it's too late for her situation but it could help prevent similar situations in the future. A parent of an irresponsible 16 or 17 year old dating a much older man would be able to report the situation to the police and they could arrest him and hopefully the young people would be more mature by the time they are 18.

I'm curious as to what experience you have in this area. Because the trend is just the opposite. Children are maturing earlier and the trend is actually to lower age of consent and decriminalize teenage sex.

What I would suggest fighting for is to add an age gap element that would help prevent an older person taking advantage of a younger one.

Alty · Jun 17, 2011, 06:47 PM

I agree with Scott. An age gap addition is what's called for.

Another thing to consider. Did the parents know that the 16 year old was dating a 24 year old before she became pregnant? If so, what did they do to stop this? Did it only become a concern after the confirmed pregnancy?

Parents do hold some of the culpability in this. If they turn a blind eye until something bad happens, then can they really blame the boyfriend?

Grama1 · Jun 20, 2011, 12:17 PM

To answer the question, Did the paents no she was dating him? Yes we did. What did we do? We tried to reason with both of them to not get involved with one another. That resulted in him moving her in with him so we couldn't put restrictions on their relationship, with him promising to "take care of her". Yes she was a too young nieve girl, who wouldn't listen to her parents, as most at that age won't. But he was a grown man who took advantage of that. The Police told us there was nothing we could do, she could leave and be where she wanted. There should be a law against someone that old getting involved with a little girl, because that is what they are. More news on this topic, he is taking her to court because he says she doesn't work and can't support the baby!! Ill answer the next question that comes up.. Yes her parents are supporting her and her baby.

JudyKayTee · Jun 20, 2011, 03:04 PM

He is taking her to Court for custody of the child - or asking her to pay support or something else?

How old was she when the sexual relationship started? 16? Under 16?

ScottGem · Jun 20, 2011, 03:42 PM

Originally Posted by Grama1

To answer the question, Did the paents no she was dating him? Yes we did. What did we do? We tried to reason with both of them to not get involved with one another. That resulted in him moving her in with him so we couldnt put restrictions on their relationship, with him promising to "take care of her". Yes she was a too young nieve girl, who wouldnt listen to her parents, as most at that age wont. But he was a grown man who took advantage of that. The Police told us there was nothing we could do, she could leave and be where she wanted. There should be a law against someone that old getting involved with a little girl, because that is what they are. More news on this topic, he is taking her to court because he says she doesnt work and can't support the baby!!! Ill answer the next question that comes up.. Yes her parents are supporting her and her baby.

First, did you just talk to the police? I would not take a policeman's advice on what is legal or not. You should have (and maybe still should) talk to the local prosecutors office. The age of majority in Canada is 18. Under that you are responsible for her. Therefore his allowing her to move in with him may have been illegal as parental interference. Maybe you can find a sympathetic and creative prosecutor to go after him.

Second, what is the current status. Is your daughter and child still living with him or are they living with the parents. If they are with the parents, then she should be filing for custody and child support from him.

I really find this notion of a law suit laughable. He is more responsible for supporting the child. I can't imagine a statute that would support a lawsuit because she is a stay at home mom. If this is a real suit then you counter sue for custody and support.

JudyKayTee · Jun 20, 2011, 08:03 PM

Scott, I believe the age of consent is 16 currently. It formerly was 14.

ScottGem · Jun 21, 2011, 03:24 AM

Originally Posted by JudyKayTee

Scott, I believe the age of consent is 16 currently. It formerly was 14.

The age of consent IS 16, but the age of majority is 18 (I believe). They can't get this guy on statutory rape, but the OP said he convinced her to move in with him. Convincing a minor to move out of their parent's home makes her a runaway and makes him possibly open to a parental interference charge. That's why I think they need a creative prosecutor who is willing to go after a pedophile.

JudyKayTee · Jun 21, 2011, 05:50 AM

Okay, understand your approach. Interesting idea and, yes, someone creative and aggressive could make it work.

Sorry I missed the boat on this one -

(I'm amazed that the age of consent used to be 14!)

ScottGem · Jun 21, 2011, 08:53 AM

Originally Posted by JudyKayTee

(I'm amazed that the age of consent used to be 14!)

I'm amazed there are still countries with the age of consent at 14 or under.

Alty · Jun 21, 2011, 04:52 PM

Please don't negative this post. I'm not a legal expert, I'm just going through all of this in my mind, and I have a few questions, or statements as it were.

First, I do live in Canada. Yes, the age of consent used to be 14, but it's now 16.

One thing that bothers me about this. When children post, or legal adults post, saying "I'm 18 (or older) dating a 13,14, 15, 16, 17 year old. Is that legal?", the legal response has always been that if the parents are okay with it, it's legal to date, but not to have sex.

Any parent that allows their child to date an adult, has to assume that sex (or sexual contact) is a part of that relationship.

In this case the OP was aware that her daughter was dating an older man. She may not have agreed with it, but she okayed it. It also doesn't seem that she did a lot to prevent them from living together. The time to act would have been then.

The OP didn't get upset until her daughter became pregnant. Isn't it a bit late to object now? What did the OP think was going on while they were living together? She allowed that (not doing anything to stop it legally is allowing it), but now that there's a baby she wants to sue? How is that okay?

Either the child had parental consent to be with this person, or she didn't. It sounds like she did, therefore I see no law suit.

Just my opinion. :)

ScottGem · Jun 21, 2011, 05:51 PM

Alty,
You raise some interesting points and questions. I'm not so sure the OP was as consenting as you think. I think she got bad advice from the police and didn't know what her rights really were.

Alty · Jun 21, 2011, 05:57 PM

Originally Posted by ScottGem

Alty,
You raise some interesting points and questions. I'm not so sure the OP was as consenting as you think. I think she got bad advice from the police and didn't know what her rights really were.

But that brings up another question.

Example: I get in a car accident, it's my fault. I only have comprehensive insurance, no liability, and the person I hit sues me for millions because he was injured.

My broker told me I didn't need liability because of the age of my car.

So, is the broker to blame because he didn't tell me all the info, or am I to blame because I didn't protect myself by asking more questions?

It's a bit late to get mad at the broker after the accident.

It's a bit late for the OP to get upset for something she didn't stop, because she wasn't informed.

JudyKayTee · Jun 22, 2011, 06:09 AM

Originally Posted by Altenweg

But that brings up another question.

Example: I get in a car accident, it's my fault. I only have comprehensive insurance, no liability, and the person I hit sues me for millions because he was injured.

My broker told me I didn't need liability because of the age of my car.

So, is the broker to blame because he didn't tell me all the info, or am I to blame because I didn't protect myself by asking more questions?

It's a bit late to get mad at the broker after the accident.

It's a bit late for the OP to get upset for something she didn't stop, because she wasn't informed.

You've lost me. The question is whether the boyfriend can be arrested for having intercourse with the OP's daughter who was of legal age. Your analogy confuses me. I see no similar circumstance between a professional giving bad professional advice for which you pay and the circumstance in which the mother finds herself.

Is the former grounds for a lawsuit? Yes, on several counts - personal liability has nothing to do with the age of the vehicle, just for starters. Concerning the possibility of the mother suing anyone, I see no question about that, no grounds.

Are you saying that the daughter may have had sex while underage and the mother should have stopped it and, therefore, no criminal charges can/should be filed? Or are you saying something else?

The talk about a lawsuit baffles me - I've never seen a question on the legal boards about suing and underage sex.

- This is also a good discussion topic. I'm just not sure that discussion should be here, answers the question or helps the OP.