People under 16 are allowed to voluntarily have sexual contact with each other, as long as the following conditions are met:.
The law says that a or year-old can consent to sexual activities. But it is still a crime to take part in sexual activities with a or year-old if these elements are proved:. The law always takes into account consent for people 18 years old or older. So, a person accused of a crime can raise as a defence the fact that his or her adult partner consented to the sexual activities.
This article explains in a general way the law that applies in Quebec.
Charters of rights and freedoms
This article is not a legal opinion or legal advice. You are about to visit a Quebec website. The site only explains Quebec and Canadian laws and regulations. Crimes, Tickets and Fines. Print Facebook Twitter Email. People under 16 are allowed to voluntarily have sexual contact with each other, as long as the following conditions are met: Three levels of sexual assault have been defined depending on the seriousness of the offence: Common sexual assault level 1: Sexual assault with a weapon, threats to a third party or causing bodily harm level 2: Sexual assault in which the perpetrator carries, uses or threatens to use a weapon or an imitation thereof, threatens to cause bodily harm to a person other than the victim or causes bodily harm to the victim, or in which several people commit sexual assault against a person.
Aggravated sexual assault level 3: Sexual assault in which the victim is wounded, maimed or disfigured, or his or her life is endangered by the perpetrator. The legal age of consent to sexual activity was raised from 14 to 16 in Canada in However, certain exceptions apply to age of consent in cases of sexual relations between young people s. Protection of young people aged 16 or 17 against sexual exploitation: People aged 16 or 17 cannot consent, from a legal standpoint, to sexual exploitation e.
Several principles and provisions of the Canadian Criminal Code govern judicial intervention in the area of sexual assault:. General information on the length of sentences is presented for information purposes only and does not take into account the exact nature of certain offences e. They can thus be prosecuted by indictment or summary conviction. The procedure for offences punishable on summary conviction is different from that for offences punishable by indictment, and the penalties are less severe.
Legal separation (separation from bed and board)
When both procedures can be used, Crown prosecutors decide on the type of charges they will lay, depending in particular on the seriousness of the offence. When a minimum sentence is provided for an offence, a judge who finds an accused guilty of that offence has no choice but to impose at least the prescribed minimum sentence. Legally, the judge cannot impose a sentence that is less than the minimum sentence; nor can he or she impose a sentence that exceeds the maximum sentence. Not all of the offences provided for in the Criminal Code can be prosecuted by indictment.
Age of consent for sexual activity in Canada
Indeed, some can be prosecuted by summary conviction. Prosecutors decide whether to proceed by indictment or summary conviction depending in particular on the seriousness of the offence.
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A long-term offender is a person who presents a substantial risk of reoffending, but the risk can be controlled in the community. The sentence of imprisonment for this type of offender is two years or more and it is followed by a long-term supervision order in the community for a period not exceeding 10 years.
A dangerous offender is an accused who has committed serious personal injury and whose behaviour because of its repetitive and brutal nature represents a danger to others, or who gives reason to believe that he or she will cause personal injury to others on account of failure to control his or her sexual impulses. The sexual offence provisions of the Safe Streets and Communities Act 5 came into effect on August 9, This Act amended most sexual offences with respect to children in order to increase the minimum penalties for such offences or to add minimum penalties where none existed.
Moreover, this Act created two new sexual offences in the Canadian Criminal Code: LThe courts now recognize that people who are victims of sexual assault are entitled, as part of the judicial process, to personal inviolability, protection of privacy, and equality. These charters also provide for certain legal guarantees and judicial rights.
The requirement for the prosecution to prove that the accused is guilty beyond a reasonable doubt is not a right guaranteed by the Canadian Charter, but a principle of fundamental justice arising from common law. Under section 39 of the Youth Protection Act YPA , every professional or individual who has reasonable grounds to believe that the security or development of a child is in danger under subparagraphs d and e of the second paragraph of section 38 must bring the situation to the attention of the Director of Youth Protection DYP.
It is not up to the person who reports a situation to the DYP to decide whether or not it is admissible or true. This responsibility lies with the DYP.
Ministère de la justice - Legal separation (separation from bed and board)
When a minor is being sexually abused, a specific sociolegal intervention protocol is deployed. A multi-sectoral team, made up of a representative of the Director of Youth Protection DYP , a police officer and a criminal and penal prosecutor, takes stock of the situation. If the allegations are confirmed, the team agrees on an action plan to ensure the security and immediate protection of the child, support the family, and define specific measures to be implemented during the rest of the intervention.
If the alleged facts are found to be true, each member of the multi-sectoral team takes action in his or her area of jurisdiction so that a comprehensive approach can be applied in regard to the child and his or her family. Other stakeholders CSSSs, community organizations, health professionals may also offer services and provide the child and his or her family with additional support. When a minor commits a sexual assault , two laws with different underlying philosophies are brought into play: The YPA ensures the security and development of children, particularly those with a serious behavioural disturbance.
Applying for a legal separation
Since , a provision of the Civil Code art. The prescriptive period, or time limit, for instituting a civil lawsuit is three years from the time a fault is committed and damage occurs. If the damage takes place gradually or only after the commission of the fault, as is often the case with sexual assault, the prescriptive period begins when the damage appears for the first time. The victim is responsible for proving the allegations and the damage that he or she has suffered.
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The National Sex Offender Registry is not accessible to the general public. Police officers alone may consult it as part of a criminal investigation or to prevent crimes of a sexual nature. Skip to main content. The Canadian Criminal Code defines sexual offences and the parameters of consent and sentencing. The Youth Protection Act and the Youth Criminal Justice Act contain specific provisions on sexual assault committed against or by minors.
The Corrections and Conditional Release Act applies to people convicted of sexual assault for the duration of their sentence. Sexual assault offences Three levels of sexual assault have been defined depending on the seriousness of the offence: Legal age of consent to sexual activity The legal age of consent to sexual activity was raised from 14 to 16 in Canada in Exceptions apply if the older partner is less than five years older than the younger one; and is not in a position of trust or authority towards the younger partner, is not a person with whom the younger partner is in a relationship of dependency and is not in a relationship with the younger partner that is exploitative in any way; or if the partners are married.
In cases of sexual interference and common sexual assault where the younger partner is 12 or 13 years of age: Exceptions apply if the older partner is less than two years older than the younger one; and is not in a position of trust or authority towards the younger person, is not a person with whom the younger partner is in a relationship of dependency and is not in a relationship with the younger partner that is exploitative in any way.
Minimum sentence When a minimum sentence is provided for an offence, a judge who finds an accused guilty of that offence has no choice but to impose at least the prescribed minimum sentence. Offence punishable on summary conviction Not all of the offences provided for in the Criminal Code can be prosecuted by indictment.