Age of Consent

The age of consent is an important component of Canadian law. An individual who reaches the age of consent can legally agree to engage in sexual activity. The Canadian criminal code imposes severe penalties on those who participate in sexual activity with those younger than the age of consent. Some common sexual offences include statutory rape and sexual exploitation.

It is also important to understand the legal meaning of the word “consent” under the Canadian criminal code. Consent is the voluntary agreement to engage in sexual activity. Anything less than such an agreement is not legal consent under Canadian law. For example, an individual may be unable to consent because they are unconscious. An individual must actively consent to sexual activity.

If you are facing charges related to sexual assault or statutory rape, you need to understand the details of Canada’s age of consent laws. Having knowledge of these laws can help you determine if you need to seek out a criminal defence lawyer.

What Is the Age of Consent in Canada?

The age of consent for non-exploitative sexual activity is sixteen years old. Before May 2008, the age of consent in Canada was fourteen years old.

If the sexual activity engaged in can be considered exploitative, or where there is a relationship of trust or authority, the age of consent is eighteen years old. Exploitative sexual activity may include a sexual relationship between an underage student and a teacher.

What Is Consent to Sexual Activity?

Consent is the voluntary agreement to engage in sexual activity. An individual who begins any sexual contact with another person should establish consent and stop the sexual activity if consent is withheld. Any person under the age of consent is not old enough to make an informed decision to engage in sexual activity.

Oftentimes, cases involving charges related to sexual contact with a person under the age of consent lack concrete evidence. Many parties may claim that sexual contact occurred when in fact, no sexual activity took place between the parties.

A skilled criminal defence lawyer can help you stand up for your legal rights in the event that you are falsely accused of sexual activity with a person younger than the age of consent.

Exemptions on Canada’s Age of Consent Law

Individuals who are twelve and thirteen years old may consent to sexual activity with another person less than two years older than themselves. A twelve-year-old can consent to sexual activity with a person who is between the ages of twelve years old and fourteen years old. A thirteen-year-old can consent to sexual activity with a person who is between twelve years old and fifteen years old.

An individual who is fourteen or fifteen years old may consent to sexual activity with a partner who is less than five years older than themselves. A fourteen-year-old may consent to sexual activity with a person who is between twelve years old and nineteen years old. A fifteen-year-old may consent to sexual activity with a person who is between thirteen years old and twenty years old.

Individuals who are sixteen or seventeen years old have reached the age of consent if their partner is at least fourteen years old. If a teenager who is younger than sixteen years old is actively participating in sexual activity with an individual who is older than their peer group, it constitutes a criminal offence. Even if the teenager gave their permission, the consent is not valid under Canadian law.

In Canada, children younger than twelve years old may not legally consent to any type of sexual activity. Children under the age of eighteen may not legally consent to sexual activity with a person over eighteen years where there exists a relationship of dependency, trust, or authority.

Charges You Could Face for Sexual Contact with a Minor

Being charged with a sexual offence in Canada is a serious matter, and the penalties associated with a conviction are severe. Registration in the Canada Sex Offender Registry, long-term imprisonment, and restrictions on employment and travel are common penalties imposed by the Crown after an individual is convicted of a sexual offence.

An individual who has sexual activity with a person younger than the age of consent could face a charge of sexual assault. This law applies even if one party believed the other party “willingly” participated.

Also, an individual who engages in sexual activity with a person younger than the age of consent could face a charge of statutory rape. Statutory rape is defined as sexual contact with an individual who is younger than the age of consent.

You Need a Skilled Lawyer

Facing sexual offence charges in Canada can cause severe emotional distress. Registering as a sex offender, serving a term of imprisonment, and paying fines can affect an accused for the remainder of their life. Being a registered sex offender can cause an individual to lose opportunities related to employment and housing.

Speaking to an experienced criminal defence lawyer can help you devise an effective defensive strategy. Do not assume that the court will help you with your case; reach out for legal advice and legal representation so you can understand how to protect yourself against the power of the Crown. A criminal defence lawyer can provide you with a clear explanation of your legal rights and how you can protect yourself from being convicted of sexual assault or statutory rape.

Speak with an Experienced Criminal Defence Lawyer in Toronto

If you are facing criminal charges, it is important that you speak with a knowledgeable sexual interference lawyer, so you understand the charges against you. We work tirelessly for our clients, and we pride ourselves on the work we accomplish.

Call Vilkhov Law today at (647) 977-5852 to schedule a free consultation. Vilkhov Law believes in helping clients defend their legal rights.

At Vilkhov Law, our team is here for you to help you access the legal services you need in the following areas:

Toronto Criminal Defence Lawyer
Etobicoke Criminal Defence Lawyer
Scarborough Criminal Defence Lawyer
Newmarket Criminal Defence Lawyer
Brampton Criminal Defence Lawyer
Mississauga Criminal Defence Lawyer

By |2023-11-08T20:08:03+00:00December 6th, 2022|Sexual Assault|

5/5 - (2 votes)

Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Excellent5.0 Based on 119 reviews fromAnoop RAnoop R ★★★★★ One of the best law firms in town! Highly recommended.ARRARR ★★★★★ I was falsely accused and charged with a serious offence. All it took was just one phone call from the complainant. As an immigrant, it was a nightmare. Fortunately Igor was the first person whom I contacted and I knew he was the one and I retained him. Beware of the lawyers who try to scare you, make you feel insecure. From the first phone call, he never made me feel insecure. He was confident that he can get the work done. Igor and Daniel promptly attended all my court dates. It took a while to achieve the resolution and finally my case was unconditionally withdrawn. I can't thank him enough. As Igor is a busy person, I was getting updates regularly from Daniel. I would give six stars to Daniel. Igor should never let him go. I would definitely recommend this law firm. You might sometimes feel that Igor is late in responding, but he'll be putting all his efforts behind the scene. Just have faith in him. I wish Igor and Daniel all the best.Maria AgasMaria Agas ★★★★★ I was very impressed with his professionalism, swift responses and attention to detail. He was proactive and always communicated next steps. I’m so happy we came across Igor and his team. Igor is amazing and wonderful lawyer.Cindy LiCindy Li ★★★★★ I cannot express my gratitude enough for the exceptional legal representation provided by Igor. Facing wrongful accusations was a harrowing experience, but Igor's expertise and dedication swiftly turned the tide in my favor. He navigated the complexities of the case with professionalism, demonstrating remarkable intelligence and a deep understanding of the legal system. Thanks to his efforts, the charges were withdrawn in a timely manner, allowing me to move forward with my life. Igor is not just a good lawyer; he is an outstanding advocate for his clients. I wholeheartedly recommend his services to anyone in need of top-notch legal assistance.George ArellanoGeorge Arellano ★★★★★ Mr. Vilkhov got my charges withdrawn today after a very stressful time in my life. I hired him because of his reviews and I am not surprised that I got this result. I appreciate him and his team. Igor literally dedicates his entire life for his clients.Latch RamoutarLatch Ramoutar ★★★★★ I am sitting here at 10 Armoury street after my charges were just withdrawn. I cannot thank Igor enough for what he has done for me. This was supposed to be a trial where I was facing a ten year jail sentence. Somehow Igor got my charges dropped. This man is the lawyer you need, hands down. Also a very nice person.Emad MEmad M ★★★★★ Do not blink! Go with him.I know for stressful this process might be an how awful law system might be treating you, also how difficult it might be to trust someone with your “life”.Igor knows what he is doing and he saved my partner and I from false accusations of a jealous individual!He didn’t over charge, he didn’t hold back on any help a lawyer could possibly provide.This man is the best saviour one can ask for in these situations.Christa DuchenoChrista Ducheno ★★★★★ No kidding, if you need an attorney and You want the Best lawyer to defend you and your rights in the legal system I’d definitely recommend you call Igor Vilkhov.I am completely and gratefully satisfied with His professional guidance, knowledge of the complex legal system and most of all for saving my life. I give Igor and his Team my hands heart shout out Thank You for your dedication, I couldn’t have gotten through it without Y’all.Stephanie SchembriStephanie Schembri ★★★★★ Mr.Vilkhov thank you for keeping our family together we are forever gratefulAndreyAndrey ★★★★★ Highly recommend. Fast and reasonableRajveer SinghRajveer Singh ★★★★★ WaheguruAlyssa TolentinoAlyssa Tolentino ★★★★★ Igor is an incredibly professional, yet empathetic lawyer — I retained his services for charges laid against someone close to me, and would make that decision time and time again! He pays attention to every detail, and will be by your side to get the best outcome possible. You’re in good hands with him.Kathryn GilfoyKathryn Gilfoy ★★★★★ john la magnajohn la magna ★★★★★ I had a great experience with Vilkhov Law. Igor was professional, efficient, and made my very stressful first endeavour into needing legal council as much of a breeze as it could have been.He was also very patient with me as a first time offender with way too many questions.I highly recommended Igor, and his team at Vilkhov Law!Norbert WysockiNorbert Wysocki ★★★★★ Igor and his team provided excellent service in very delicate and emotional case. They were extremely supporting and knowledgeable. Thank you for everything you have done!Jason WorthJason Worth ★★★★★ Words cannot describe what Igor has done for me. Igor is the most skilled and amazing attorney I have ever met in my entire life. I had a long list of charges (some that carried some serious penitentiary time) and worked some serious magic with countless hours behind the scenes for me to make just 1 appearance and have ALL THE CHARGES WITHDRAWN and a peace bond put in place. The timeframe for it was amazing as well he took care of me and this situation in only 15 months! (we all know the justice system does not work that fast normally!) If you want a very highly skilled, passionate, available(Igor would take calls and messages even after normal hours to fill me in!), experienced and dedicated attorney that will work tirelssly with you and for you to get you the absolute best results then Igor is your man! 5 stars does not do this man justice he deserves 100 stars!N -N - ★★★★★ Great lawyer. Knowledgeable and helpful. 10/10 would recommend :)GLORIS SPENCEGLORIS SPENCE ★★★★★ Working with Igor and his team during a very unpleasant situation has been a blessing. Even though the legal process was a lengthy one, they were there to answer the questions and concerns we had.Thankfully, it's all over and settled and hopefully we'll not need his services again, but it is reassuring to know that if the situation should every arise where legal counsel is needed, Vilkhov Law Professional will be there in my corner.Thank you.Scott K.Scott K. ★★★★★ I would like to give Igor 5 stars for handling my serious case for the last 11 months of my life. In December 2022, I was wrongfully accused of 2 serious charges under my name however, Igor took care of it from the beginning and finally all of those wrongful charges are withdrawn and now I feel much better and at ease. I am very glad that Igor could help me throughout the hard process and bring out the best result possible! Also, what I want to pinpoint out for the most is that he picks up the call by himself and you get to contact directly with him whenever you have questions or want updates throughout the process. I know that it could be tiring for lawyers who have other clients at the moment but Igor always keep a close contact with his client and I was always able to talk to him directly when I needed for the last 11 months. At last, I wish all the best for Igor and hope that god blesses throughout his career and may he be able to offer his professionalism to help other people in need. Thank you Igor :)SAID ALISAID ALI ★★★★★ Igor is an exceptional lawyer! I am very thankful for his excellent professional legal advice and assistance, he was able to drop my S.A charges. Thank you Igor for everything you've done, I really appreciate your services.M AlyM Aly ★★★★★ I was charged with SA, which rarely ever get dropped and generally always go to trial. Igor Vilkhov was able to get my charges fully withdrawn with no consequences or harm to me.Every lawyer I spoke with quoted me astronomical fees and explained how they would have to jump through hoops and perform ‘legal gymnastics’ to help me. Igor was the only lawyer who gave me a fair and realistic fee structure. He walked me through what the process would look like and gave realistic expectations. It was clear from the start he knew what he was doing and that his experience was significant. Throughout the process he provided regular updates and was always reachable. If you’re charged, I highly recommend at least speaking with Igor before making a decision on an attorney.Melissa HinrichsenMelissa Hinrichsen ★★★★★ Igor was amazing to deal with. His response time was amazing compared to others. He knew what I needed and got the job done. I highly recommend to everyone.NicoleNicole ★★★★★ Very kind and helpfulDevere SDevere S ★★★★★ Mr.Vilkhov is a professional and very good lawyer, goes through everyrhing to make sure it gets dealt with properly, He replies fast if you have questions or anything as well, along with his staff Jessica she was a big help as well.Jessica Gavrikov-ZinchenkoJessica Gavrikov-Zinchenko ★★★★★ Igor Vilkhov is a one-of-a-kind lawyer, his skills truly exceed expectations. He is incredibly diligent and has a passion for ensuring that his clients receive the best possible representation. Additionally, he has a wonderful team behind him, ensuring that his business operations and client relations are running smoothly.js_loader

CONTACT US

“Caring, honest, and highly knowledgeable.”

Contact Igor for a Free Consultation!

Please contact us online for a free consultation.
Go to Top