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79 teen prostitutes taken off the streets in nationwide crackdown, FBI says

Tugela

New member
Oct 26, 2010
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It is a consent thing and the legal ability to consent. The law says you cannot under any circumstances give consent under 18. But, between 18 and 19, you are a minor and still require a parent or guardian's consent to engage in that sort of work. If you don't have it, you cannot consent period. That would make it sexual assault, even if the minor is willing. They don't have the right to consent under those circumstances. The ability to consent is the critical factor here, not the age.

Probably nothing would happen if you do hire an 18 year old, but keep in mind that if her parents find out about it and make a complaint, you might very well find yourself up on assault charges.
 

vancity_cowboy

hard riding member
Jan 27, 2008
5,491
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on yer ignore list
It is a consent thing and the legal ability to consent. The law says you cannot under any circumstances give consent under 18. But, between 18 and 19, you are a minor and still require a parent or guardian's consent to engage in that sort of work. If you don't have it, you cannot consent period. That would make it sexual assault, even if the minor is willing. They don't have the right to consent under those circumstances. The ability to consent is the critical factor here, not the age.

Probably nothing would happen if you do hire an 18 year old, but keep in mind that if her parents find out about it and make a complaint, you might very well find yourself up on assault charges.
been there and done that pardner, and imho it ain't gonna happen. there isn't a prosecutor in the province that will recommend charges under provincial statutes relating to a case that is so clearly the jurisdiction of federal statutes. jes sayin' :)
 
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Pillowtalk

Banned
Feb 11, 2010
1,037
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It is a consent thing and the legal ability to consent. The law says you cannot under any circumstances give consent under 18. But, between 18 and 19, you are a minor and still require a parent or guardian's consent to engage in that sort of work. If you don't have it, you cannot consent period. That would make it sexual assault, even if the minor is willing. They don't have the right to consent under those circumstances. The ability to consent is the critical factor here, not the age.

Probably nothing would happen if you do hire an 18 year old, but keep in mind that if her parents find out about it and make a complaint, you might very well find yourself up on assault charges.
There is nothing in the laws that specify that consent may not be given between the ages of 18 to 19 in regards to prostitution. The law is very specific that the age of consent IS 18, and that no one can procure the services of anyone under 18, even tho the age of consent to sexual activity is 16, a 16 or 17 year old cannot be hired to provide services.


http://www.justice.gc.ca/eng/dept-min/clp/faq.html

What is Canada's age of consent?

The age of consent for sexual activity is 16 years. It was raised from 14 years on May 1, 2008 by the Tackling Violent Crime Act.

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.
16 and 17 year olds cannot consent to sexual activity that involves prostitution or pornography.
Procuring (sections 170, 171, 212(2), 212(2.1) and 212(4) - it is against the law for parents and guardians to procure their child under the age of 18 years to engage in illegal sexual activity. It is also against the law for anyone to offer or obtain the sexual services of a young person under the age of 18 years (i.e., prostitution). The penalties for these offences are mandatory minimum periods of imprisonment and vary up to a maximum of 14 years imprisonment;


Child Sex Tourism (subsections 7(4.1) - 7(4.3) - it is against the law for a Canadian to travel outside of Canada and engage in any sexual activity with a young person that is against the law in Canada. If the Canadian is not found guilty of committing such a sexual offence in the country where it occurred, the Canadian could be convicted in Canada and would face the same penalty as if that offence had occurred in Canada.
 
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