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For example, if a person is accused of sexual contact with or sexual assault of someone under 16, the person charged with the crime can't use the defence that the young person consented, even if the sexual activity was voluntary.There are some exceptions to the rules explained above. The age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity.Individuals aged 15 or younger in Canada are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape or the equivalent local law."They won't go to a drug store and ask for condoms," she says.It is not a crime for youth under 16 to engage in sexual activity, she points out.
Likewise, under a "close-in-age" provision, if a person under 16 (and 12 or older) has sex with someone less than five years older, they can be considered to have consented unless the older person is in a position of authority.The age of consent is raised to 18 when the older party is in a position of trust or authority over the other, the younger party is in a relationship of dependency with the owner, or if the relationship is exploitative.