People under 16 are allowed to voluntarily have sexual contact with each other, as long as the following conditions are met: 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.Furthermore, the offences of unlawful sexual intercourse did nothing to protect young women from other forms of sexual contact short of intercourse.The lack of protection for girls between 14 and 16 who were not of chaste character or who were found more to blame for an offence was also seen as a serious limitation on the laws ability to protect young women from pregnancy or to maintain standards of morality, assuming that was the motivation behind it.They are made available here as a service to the public.These studies are not official Parliamentary or Canadian government documents.A number of documents and publications published prior to those 1988 Criminal Code amendments suggest a variety of reasons for those changes in the law.
That age limit has not changed and remains in place today, with narrow exceptions for consensual activity between young persons less than two years apart in age. For example, the Badgley Report notes that seduction of a girl over 12 and under 16 "of previously chaste character" was made an offence in 1886.
Canada statutory rape law is violated when an individual has consensual sexual intercourse with a person under age 16. One allows a minor aged 12 or 13 to consent to sexual congress with an individual less then two years older.
The other allows 14 and 16 year olds to consent to partners less than 5 years older.
In their place, Bill C-15 created new offences called "sexual interference" and "invitation to sexual touching" that now prohibit adults from engaging in virtually any kind of sexual contact with either boys or girls under the age of 14, irrespective of consent.
Introduced at the same time, the offence of "sexual exploitation" also makes it an offence for an adult to have any such contact with boys and girls over 14 but under 18, where a relationship of trust or authority exists between the adult and child.