A 12 or 13 year old can consent to sexual activity with a partner as long as the partner is less than two years older and there is no relationship of trust, authority or dependency or any other exploitation of the young person.This means that if the partner is 2 years or older than the 12 or 13 year old, any sexual activity is a criminal offence."When you call it the age of consent, that's misleading to kids, who will think it's not permitted, that it's a crime to be sexually active before the age of 16," says Martha Mackinnon, the executive director of Justice for Children and Youth, a Toronto legal aid clinic serving low-income youth.
A person under 18 years of age cannot consent to sexual activity if: What about persons under 16 years old?
Under a law that went into effect yesterday as part of the federal government's omnibus crime bill passed in February, a teen under the age of 16 cannot consent to sex with an adult five or more years older.
The bill is intended to target sexual predators, but many youth advocates say that by focusing on age, the new law will confuse teens, make their sexual activities more clandestine and expose them to other risks, including abuse, early pregnancy and sexually transmitted infections.
Actions, such as struggling and trying to leave, show that you do not consent.
The police will not charge you with assault if the force you use is reasonable.