Sexual Consent
When two people participate in sexual activity, it is essential that both have consented, regardless of their ages. This article will give you an overview of the legal and behavioural issues concerning sexual consent.
Adolescence is a period of awakening to love and sexuality. It's often during this time that people have their first sexual experiences. This can bring about legal and behavioural questions.
What the Law Says
Legal Age
In Canada, the legal age of consent for sexual activity is 16, but there are exceptions for youth who engage in sexual acts earlier.
12 or 13 Years Old
If the youngest partner is 12 or 13 years old, there cannot be more than a two-year age difference between the partners. So, it is illegal for a 15-year-old to engage in sexual activity with a 12-year-old.
14 or 15 Years Old
If the younger partner is 14 or 15 years old, the age gap between the partners is a maximum of 5 years. Also, the older partner cannot be in a position of authority, trust, or in any way exploitative, towards the younger partner, and the younger partner cannot be in any way a dependent of the older partner.
Legal Action
In order to file a lawsuit, a complaint must be filed first. Often, it is a parent or an adult in a position of authority, that is near one of the participants, who initiates this process because they believe that the relationship is inappropriate.
Regardless of Age, Consent is Always Required
Giving consent means agreeing to participate in sexual activity. It's simple: until the young person clearly agrees to participate with words, behaviour, or both, consent has not been given. Each partner must ensure that they have each other's consent before initiating anything.
And every new sexual encounter must also be consensual; kissing or agreeing to be touched is not consent to go further with sexual contact. Anyone can agree, refuse, or change their mind at any time. They can also withdraw their consent at any time during the sexual encounter. They have the right to change their mind, to stop at any time, and to say no. Remember a ‘yes’ at the beginning can become a ‘no’ later on. And consent is needed in all situations, whether that’s with couples, a one-night stand, friends with benefits, etc.
