-
Consent In Ontario
A friend of mine in high school told me that he lied to an older guy in the States (25yo) and had him come over when his parents were gone (said he was 19 yo when he was 17). The guy came over and I know things happened. Well later that day, my friends grandfather and brother discovered them, not in the act or anything, but together in the house. My friend is now going to be in trouble with his family but seems very unconcerned about other possible consequences. My questions are (and I ask it because I cannot find any definitive source online):
1) what are the potential ramifications to my friend, if his parents were to press charges against the other guy since he lied about his age ?
2) will the guy in the States be held to our provinces laws or the state in which he lives?
3) what is the best place to look for these consent laws as I am involved in our local school GLBT group and think others would find them helpful...thanks!
-
Re: Consent In Ontario
The applicable law will Canada's, since that's where "the action" happened.
The age of consent is 18 years where the sexual activity involves exploitative activity (such as prostitution, pornography or where there is a relationship of trust, authority or dependency). For other sexual activity, the age of consent is 14 years EXCEPT when anal intercourse is involved, the age of consent for which is 18, regardless of gender issues. If his parents decide to press charges, Mr. USA could be facing criminal charges in Canada - then he gets to play the whole "will Canada extradite" game.
See: http://www.parl.gc.ca/information/li...ENT%20LAW(txt)
The Criminal Code does not now criminalize consensual sexual activity with or between persons 14 or over, unless it takes place in a relationship of trust or dependency, in which case sexual activity with persons over 14 but under 18 can constitute an offence, notwithstanding their consent. Even consensual activity with those under 14 but over 12 may not be an offence if the accused is under 16 and less than two years older than the complainant. The exception, of course, is anal intercourse, to which unmarried persons under 18 cannot legally consent, although both the Ontario Court of Appeal(3) and the Quebec Court of Appeal(4) have struck down the relevant section of the Criminal Code.