Legal Question in Criminal Law in Canada
Well i just turned 18 on the 14th of November and my girlfriend is 15 but i was dating her when i was 17. i just want to know if i can get in trouble for this? I know I cant sleep with her but I'm I still allowed to be with her?
1 Answer from Attorneys
Persons under 18 are considered incapable of giving consent to sexual activity. However, it is a defence if the other person is less than five years older, where the activity involves someone over 14 years of age, or less than two years older for those under 14, but over 12. The proviso only applies if the individual is not in a position of authority. There is no such defence for anyone under 12.
S. 150 of the Criminal Code of Canada.
http://laws-lois.justice.gc.ca/eng/acts/C-46/FullText.html
http://laws-lois.justice.gc.ca/eng/acts/C-46/page-71.html#h-55
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