INDEPTH: CRIME
Age of consent FAQ
CBC News Online | June 22, 2006
In June 2006, the Harper government introduced a bill to raise the legal age of consent in Canada from 14 to 16. If the bill becomes law, it would be the first time the Canadian age of consent has been changed in more than a century.
The bill includes what the Conservatives refer to as a "close-in-age" exemption. The clause is basically a proviso for a 14- or 15-year-old who has a sexual partner who is not more than five years older.
What is meant by the term "age of consent"?
The age of consent is the age at which one is legally allowed to engage in sexual activity. In countries across the globe the term "age of consent" is referred to as the age of sexual consent, the age of protection or the age of sexual maturity. It is also a key age in the charge of statutory rape.
What is the age of consent for male-female sex in Canada?
Until the proposed Conservative bill is passed, the age of consent in Canada is 14.
Does Canada have a different age of consent for homosexual sex?
In Canada, the age of consent for female-female sex is 14. The age of consent for anal sex between unmarried couples, regardless of sexual orientation, is 18.
What constitutes exploitative sexual activity?
According to the Department of Justice Canada, exploitative sexual activity refers to "sexual activity involving prostitution, pornography, or where there is a relationship of trust, authority, dependency or any other situation that is otherwise exploitative of a young person."
Will the proposed legislation affect the existing age of protection for exploitative sexual activity?
No, the age of protection for exploitative sexual activity will still be 18.
How will the new bill affect those who are 14 or 15 and are currently married or in equivalent relationships?
A time-limited exception will be granted.
| Age of consent around the world |
| Tonga |
12 |
| Guyana, Spain |
13 |
| Albania, Austria, Canada, China, Croatia, Estonia, Hungary, Iceland, Italy, Peru, Puerto Rico, Romania, Slovenia |
14 |
| Czech Republic, Denmark, France, Guinea, Monaco, Poland, Slovakia, Sweden, Thailand |
15 |
| Andorra, Armenia, Azerbaijan, Bahamas, Barbados, Belgium, Belize, Hong Kong, Dominica, El Salvador, Finland, Guam, Israel, Jamaica, Kenya, Latvia, Namibia, Nepal, New Zealand, Norway, Switzerland, Tonga, Uzbekistan, United Kingdom |
16 |
| Cyprus, Ireland |
17 |
| Tunisia |
20 |
| Australia |
16-17 |
| United States |
14-18 |
What is the purpose of the "close-in-age" exception?
It's a clause in the new bill designed to prevent the criminalization of sexual activity between consenting teenagers with less than five years difference in age. The clause does not apply to anyone under 14.
Is the age of consent different for married couples?
Not in Canada. However, in countries such as Brunei, the age of consent for a married person is 13, but it is 14 for someone who is not married.
Is the age of consent for male-female sex the same regardless of the province or territory?
In Canada, yes. But in countries such as the United States, the age of sexual consent varies from state to state. For example in South Carolina the age of consent is 14, but in Arizona it is 18. Australia is another country that has different ages of consent depending on the location. For the majority of Australians the age of consent is 16, but for those living in Tasmania or South Australia it is 17.
Which country has the youngest age of consent?
The age of consent in Tonga is 12.
Which country has the oldest age of consent?
The age of consent in Tunisia is 20.
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