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"In fact, it's so much more technical than that it's hard for people to understand," Ms. Among the exemptions, sex between peers under 16 is okay, as long as neither is in a position of authority and they are 12 or older.

Likewise, under a "close-in-age" provision, if a person under 16 (and 12 or older) has sex with someone less than five years older, they can be considered to have consented unless the older person is in a position of authority.

The exemptions become invalid if a third person is present of if the act does not take place in private. A close in age exemptions, commonly known as "Romeo and Juliet law" in the United States, is a law designed to prevent the prosecution of underage couples who engage in consensual sex when both participants are significantly close in age to each other, and one or both are below the age of consent.

Depending on the situation, the Canada close-in-age exemption may completely exempt qualifying close-in-age couples from the age of consent law, or merely provide a legal defence that can be used in the event of prosecution.

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.

For example, if a person is accused of sexual contact with or sexual assault of someone under 16, the person charged with the crime can't use the defence that the young person consented, even if the sexual activity was voluntary.

To find out the specific rules for your situation, consult a lawyer or notary.

This booklet provides information on what is meant by the age of consent to sexual activity and an overview of some of Canada’s laws on sexual assault, and other offences involving sexual exploitation. This is the age that criminal law recognizes the legal capacity of a young person to consent to sexual activity.

Generally, it is legal to have sexual contact with someone who is 16 years or older if they agree to have sex with you. It is important to know that in some situations a person must be 18 years old to consent to sexual activity.

It is not a criminal offence if: These exceptions only apply if the older person is not in a position of authority or trust and there is no exploitation.

For example, even if a 14 year old agreed to sexual activity with her/his 19 year old basketball coach, the law does not consider that the consent was freely given. The law also says that children under 12 years of age can never legally consent to sexual activity. You can show by your words OR actions that you do not consent.




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