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Once you show that you no longer agree to the sexual activity, there is no longer consent. If you are a young person under 18 years who has been “lured” (see definition on page 5) into a meeting for the purpose of sexual activity, a court would determine exploitation by considering how old you are, the age difference between you and the person accused of the crime, the nature of the relationship between the two of you, and the amount of control or influence that he or she had over you.Assault is the intentional use of force against somebody without his or her consent.Sexual assault with a weapon or threats to a third party is forced sexual activity where the person uses a weapon, or threatens you with a weapon, or threatens to hurt another person.Sexual assault causing bodily harm is forced sexual activity where the person physically injures you.Sexual assault is forced sexual activity where the person does not physically hurt you.The law recognizes a range of offences and punishments.
Luring a child is communicating with a young person using a computer in order to arrange or commit certain sexual offences.The law also provides for the protection of persons with mental or physical disabilities without any age restrictions.It is important to remember that a young person 16 years of age or more but under 18 years of age cannot consent to sexual activity with someone in a position of trust or authority over them or with someone on whom they are dependent.You can use the force that is necessary to protect yourself from the attacker. If the person honestly and reasonably believed he or she had your consent to sexual activity, it may be a defence.
Even if you did not resist because you were too afraid, the attacker cannot say that you consented. The law does not consider that you freely agreed just because you did not struggle or resist. Also, consenting to one kind of sexual activity does not mean you consent to any other sexual activity. If you are drinking or high on drugs and unable to make a decision, the law does not consider that you consented. However, a person cannot use this defence if: Just because you agreed to meet someone, does not mean that you consented to sexual activity.
This booklet provides information on what is meant by the age of consent to sexual activity and an overview of some of Canada’s laws on sexual assault, and other offences involving sexual exploitation. This is the age that criminal law recognizes the legal capacity of a young person to consent to sexual activity.