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    taylorbeth8's Avatar
    taylorbeth8 Posts: 3, Reputation: 1
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    #1

    Jan 16, 2013, 01:42 PM
    Statutory Rape.
    Would it be legal for someone who is 17 to have sex with someone who is 51 in canada, they are not a teacher or anything like that.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Jan 16, 2013, 01:52 PM
    Under the Criminal Code of Canada anyone under the age of 16 cannot legally consent to any form of sexual activity, from kissing to intercourse, that being said, wonder why you have entitled your post statutory rape?

    And I have to say, a 5l year old man is old enough to be a father to that l7 year old girl, and there is the yuck factor as well.
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    taylorbeth8 Posts: 3, Reputation: 1
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    #3

    Jan 16, 2013, 01:58 PM
    Quote Originally Posted by tickle View Post
    Under the Criminal Code of Canada anyone under the age of 16 cannot legally consent to any form of sexual activity, from kissing to intercourse, that being said, wonder why you have entitled your post statutory rape?

    And I have to say, a 5l year old man is old enough to be a father to that l7 year old girl, and there is the yuck factor as well.

    It is this that made me wonder

    However, the age of consent is 18 years where the sexual activity "exploits" the young person -- when it involves prostitution, pornography or occurs in a relationship of authority, trust or dependency (e.g. with a teacher, coach or babysitter). Sexual activity can also be considered exploitative based on the nature and circumstances of the relationship, e.g. the young person's age, the age difference between the young person and their partner, how the relationship developed (quickly, secretly, or over the Internet) and how the partner may have controlled or influenced the young person.

    Which is from Frequently Asked Questions: Age of Consent to Sexual Activity


    Im just wondering that since it is such a big age difference would it be considered exploitative
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #4

    Jan 16, 2013, 02:03 PM
    Of course it would be considered exploitive; and a contributing factor is the maturity level of the l7 year old girl.

    There aren't many men that age who would consider a relationship with a l7 year old girl, without it being exploitive.
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    joypulv Posts: 21,591, Reputation: 2941
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    #5

    Jan 16, 2013, 02:05 PM
    Let's assume that you are the 17 year old young woman.
    What does a girl your age see in an older man? A father she never had, awe that he is attracted to you, a sense of security, his mature talk and wisdom that is so superior to teen boys, a car and the ability to take you out to nice places?
    What does a man his age see in a 17 year old? Lost youth before 34 years of failure? Nubile body? Inexperience in sex that he can nurture?
    What he sees, and this is 99.9% of men that old wanting girls that young, are all things that are not positive for the girl.
    PLUS, there's pregnancy, incurable STDs like herpes, and within a very short time, the realization that you don't share anything at all in common as far as things like music and clothes and movies and places to go. You will be dumped when the novelty wears off.
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    taylorbeth8 Posts: 3, Reputation: 1
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    #6

    Jan 16, 2013, 02:15 PM
    Quote Originally Posted by joypulv View Post
    Let's assume that you are the 17 year old young woman.
    What does a girl your age see in an older man? A father she never had, awe that he is attracted to you, a sense of security, his mature talk and wisdom that is so superior to teen boys, a car and the ability to take you out to nice places?
    What does a man his age see in a 17 year old? Lost youth before 34 years of failure? Nubile body? Inexperience in sex that he can nurture?
    What he sees, and this is 99.9% of men that old wanting girls that young, are all things that are not positive for the girl.
    PLUS, there's pregnancy, incurable STDs like herpes, and within a very short time, the realization that you don't share anything at all in common as far as things like music and clothes and movies and places to go. You will be dumped when the novelty wears off.

    Haha , really wasn't about me. A friend of mine is in a relationship with a man this age and I was trying to see if I could use the law to make her see clearly that its inappropriate.
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    dontknownuthin Posts: 2,910, Reputation: 751
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    #7

    Jan 16, 2013, 03:12 PM
    Perhaps you could use her parents to make her see it's inappropriate. Do they know about the relationship? Did it start when she was 17 or younger?

    It may not be nice to rat out a friend but it's worse to let them be exploited and abused. There's no way that this is a healthy relationship for her. She would be mad but that's a small price to pay to get her parents involved.
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    joypulv Posts: 21,591, Reputation: 2941
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    #8

    Jan 16, 2013, 03:24 PM
    'Let's assume' is short for 'let's assume for the sake of argument.'
    All you have to do is change the wording slightly for her.
    I think you, her parents, anyone would have a tough time proving exploitation based on age alone. There would have to be glaring evidence of use and abuse.

    All people who are concerned with a friend's life have to remember that getting involved past the advice stage can backfire. Running away. Suicide. Deliberate risky behavior.
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    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Jan 16, 2013, 11:17 PM
    It is not illegal, and some 17 year old girls do it esp if the older man has money, I see it all the time,

    Now personally we know the 51 year old is doing it just for the sex but personally can not understand who the young girl could do it knowing this man is old enough to almost be her grandfather.

    Hope he has his Viagra
    Supply and O2 on hand when having the sex.

    But legally they can do it, here in China for example, the legal age is 14, a 14 year old can have sex with a man of any age, does not make it morally correct, just makes it legal
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Jan 17, 2013, 04:14 AM
    What would make this exploitative is if he was in some position of influence over her. You said he is not her teacher, but he could be a work supervisor, counselor, clergy, etc.This would have to be looked at more closely and depend on the individual situation.

    Also, since she is under 18, her parents can order him to stay away from her and prosecute him if he doesn't.
    earl237's Avatar
    earl237 Posts: 532, Reputation: 57
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    #11

    Jan 22, 2013, 03:56 PM
    Age of consent is 16, but there can be exceptions if the older person is in a position of authority over the younger person, for example if they are providing food and shelter to the younger person.
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    JudyKayTee Posts: 46,503, Reputation: 4600
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    #12

    Feb 1, 2013, 07:31 AM
    Earl, could I see the law on that?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #13

    Feb 1, 2013, 08:22 AM
    I know you asked earl Judy, but he is correct:

    Definition: Beginning May 1, 2008, the age of sexual consent in Canada is 16 years old.

    The age of consent in Canada is the age at which the criminal law recognizes the legal capacity of a young person to consent to sexual activity. Under the Criminal Code of Canada anyone under the age of 16 cannot legally consent to any form of sexual activity, from kissing to intercourse. It means that adults are criminally liable if they have sex with someone under that age. The offence carries a maximum penalty of 10 years in prison.

    The law has a "close-in-age" exemption of less than five years, which permits teens to engage in consensual sex with a partner who is less than five years older as long as the older partner is not in a position of trust or authority and the relationship is not exploitive.

    The age of protection for exploitive sexual activity, such as sexual activity involving prostitution, pornography, or a relationship of trust, is 18. The age of consent for anal sex is also 18.

    Canadaonline.about.com ›... › Law in Canada › Canadian Law - General

    Note to earl: You really should provide your links
    Handyman2007's Avatar
    Handyman2007 Posts: 988, Reputation: 73
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    #14

    Mar 11, 2013, 07:25 PM
    All of your words of wisdom to this young lady is to guilt her into not doing this? That is not what she asked about. Maybe I don't agree with it but it is not my place to counsel her about it.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #15

    Mar 11, 2013, 07:48 PM
    Quote Originally Posted by Handyman2007 View Post
    All of your words of wisdom to this young lady is to guilt her into not doing this? That is not what she asked about. Maybe I don't agree with it but it is not my place to counsel her about it.
    Her question was answered many times. Along with the legal advice, members also posted moral advice, and common sense advice. She didn't have to ask, we threw it in for free. :)

    How you choose to answer a question, is up to you. I notice you didn't post anything about the actual question the OP asked. You only came here to point out that you didn't like the way others answered. Maybe it's not your place to do that.

    To the OP, from the way the law reads, the 51 year old could very well be in legal trouble if this relationship continues before you, or your friend, turns 18.

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