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These laws are situational and are subject to interpretation. Sexual relations which occur between adults and teenagers under 18 are left in a legal gray area: laws against corruption of minors as well as estupro laws can be applied to such acts, at the discretion of the prosecution.The "position of trust under 18" anti-exploitation rules were expanded in 2005 by Bill C-2 where a judge may choose to term a situation to be sexual exploitation based on the nature and circumstances of the relationship including the age of the younger party, age difference, evolution of the relationship (how it developed, e.g.quickly and secretly over the Internet), the control or influence over the young person (degree of control or influence the other person had over the young person). 160(3) (Bestiality in presence of or by child), or s.Section 151 of the Criminal Code of Canada makes it a crime to touch, for a sexual purpose, any person under the age of 16 years.Section 153 then goes on to prohibit the sexual touching of a person under 18 by a person in three circumstances: if he or she is in a "position of trust or authority" towards the youth, if the youth is in a "relationship of dependency" with him or her, or if the relationship is "exploitative".Both partners must be of legal age to give consent, although exceptions to the age of consent law exist in some jurisdictions when the minor and his or her partner are within a certain number of years in age or when a minor is married to his/her partner.
Historically, the age of consent applied to male-female relationships; same-sex relationships were often illegal regardless of the ages of participants.
A fourteen- or fifteen-year-old can consent to sexual activity with a partner who is less than five years older than they.
Criminal law (including the definition of the age of consent) is in the exclusive jurisdiction of the federal government, so the age of consent is uniform throughout Canada.
This passed before the 2008 amendments, and they were not repealed so they are still in effect and can apply towards adults in these situations with young persons over the age of consent and under 18 (16-17). 173(2) (Indecent acts), or is charged with an offence under s. 272 (Sexual assault with a weapon, threats to a third party, or causing bodily harm), or s.
Where an accused is charged with an offence under s. 273 (Aggravated sexual assault) in respect of a complainant under the age of sixteen years, it is not a defense that the complainant consented to the activity that forms the subject-matter of the charge.