Canada raises age of sexual consent to 16
Janice Tibbetts, Canwest News Service Published: Thursday, May 01, 2008
OTTAWA -- For the first time in 116 years, Canada's age of sexual consent changed on Thursday, climbing to 16 from age 14.
The new law, which was one of the Conservative government's first endeavours when taking office more than two years ago, brings Canada in line with several comparable countries, including Australia, the United Kingdom and many American states.
The Criminal Code change takes effect after clearing the Senate in February as part of a major anti-crime package that included laws to increase mandatory jail sentences for a variety of firearms offences.
Under the new law, anyone under age 16 cannot legally consent to any form of sexual activity, from kissing to intercourse. That leaves adults criminally liable if they have sex with someone under the legal age.
The offence against a minor carries a maximum penalty of 10 years in prison.
The Criminal Code contains a "close-in-age" exemption of less than five years, added so that teens who engage in sex are not breaking the law. For instance, a 19-year-old could have relations with a 15-year-old without being criminally charged, provided the older partner is not is a position of trust or authority over the younger teen and the relationship is not exploitive.
The new law has its critics, including some groups for children and youth who argue that changing the law threatens the autonomy of youths and will drive teen sex underground, thus hindering them from seeking information on safe sex and making educators and social workers reluctant to help out for fear of criminal punishment.
The Conservatives have maintained that a higher age of consent is need to broaden protection against the luring of young teens, especially on the Internet.
"Finally, 14- and 15-year-olds will be adequately protected from adult sexual predators,"Justice Minister Rob Nicholson said Thursday in the House of Commons.
The former Liberal government had considered raising the age of consent for years, but abandoned the idea because they said they wanted to maintain flexibility depending on the circumstances. Instead, the former government opted to change the law to make it a crime for a person in a position of trust or authority to have sex with someone under 18. The Criminal Code provision remains intact.
At the same time that Canada is raising its age of consent to 16, Northern Ireland is lowering the age to 16 from the current 17, under legislation introduced Wednesday
