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SEXUAL CONSENT
Sexual consent is an agreement to participate in a sexual activity at a particular moment. Consent must be clear, informed, and given freely. It is not definitive, and can be withdrawn at any moment during the sexual activity.
AGE OF CONSENT
In Canada, the legal age of consent to sexual activity is 16 years.
However, the law allows for exceptions: a 12- or 13-year-old and a 14- or 15-year-old can both consent to a sexual activity, as long as the age difference with their partner is less than 2 and 5 years, respectively.
The sexual consent of a person under the age of 12 can never be considered as valid.
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Between 12 and 17 years old, neither partner can be in a position of authority towards the other (e.g., employer, teacher, coach) for the consent ti be valid, even if both of them are minors.
LEGAL AGE
In Canada, the legal age of consent is 16 years.
POSITION OF AUTHORITY
Minors cannot give consent if their partner is in a position of authority over them.
12-13 YEARS
The age difference between the partners must be less than 2 years.
14-15 YEARS
The age difference between the partners must be less than 5 years.
SITUATIONS THAT INVALIDATE CONSENT
The law provides that in certain situations a person's consent is invalid. These situations are explained below.
FEAR
A person's consent to sexual activity does not apply if given out of fear of being hurt or experiencing some form of violence in case of refusal.
STRENGTH, THREAT OR FRAUD
A person's sexual consent is invalid if given while being threatened/ physically forced to or experiencing some form of violence.
INTOXICATION
Drunk or drugged people cannot give valid consent to sexual activities.
UNCONSCIOUSNESS
If a person loses consciousness during a sexual activity, their consent becomes invalid. In other words, their consent no longer applies as soon as they lose consciousness.