32 www.peicrimestoppers.com Age of Consent In Canadian law, there is no implied consent. Consent must be verbal, expressive, and clear. This page provides information about the age of consenting to sexual activity in Canada. Applies to Prince Edward Island Reviewed for Legal Accuracy May 2024 The basics of consent Consent is a voluntary, informed, and continuous agreement to participate in any sexual act. • Voluntary means you decide. If you do not want to do it, you are not consenting. • Informed means you understand what you're agreeing to, its consequences, and risks. It is illegal for someone to lie to you to get your consent. • Continuous means you do not change your mind at any time. If you do not want to continue the sexual activity, you are no longer consenting. Consent may be withdrawn at any time. In Canadian law, there is no implied consent. Consent must be verbal, expressive, and clear. Consent is needed for legal in-person and virtual sexual activity. In-person or virtual sexual activity without consent is a crime. Consenting to one sexual act does not mean that you consent to another. Consenting to a sexual act now does not mean you consent to the same sexual act again later. What is sexual activity? Sexual activity can be virtual or in-person. Virtual sexual activity can include sexting, video chatting, and other online sexual activity. In-person sexual activity can be anything from touching for a sexual purpose to sexual intercourse. What does the age of consent mean? The age of consent is the age when someone can legally agree to sexual activity. This applies to all forms of sexual activity. What is the age of consent in Canada? In Canada, a person must be 16 years old to legally consent to sexual activity. There are some exceptions. What are the exceptions? • A 12-year-old can consent to sexual activity with someone who is less than two years older. They can consent to sexual activity with someone who is 12 or 13. • A 13-year-old can consent to sexual activity with someone who is less than two years older. They can consent to sexual activity with someone who is 12, 13, or 14. • A 14-year-old can consent to sexual activity with someone who is less than five years older. They can consent to sexual activity with someone who is 13, 14, 15, 16, 17, or 18. • A 15-year-old can consent to sexual activity with someone who is less than five years older. They can consent to sexual activity with someone who is 14, 15, 16, 17, 18, or 19. • If someone is 16 or older, they can consent to sexual activity with someone of any age, unless that person is in a position of trust, power, or authority over them. • It is illegal for anyone to engage in sexual activity with someone 18 or under if they are in a position of trust, power, or authority over that person. For example, a teacher, coach, doctor, or family member. • No one under the age of 12 can consent to any form of sexual activity. What is child pornography? Child pornography is creating, possessing, accessing, or distributing sexual images or written material of someone under 18. Child pornography is always illegal. The police may charge someone with possessing or distributing child pornography under the Criminal Code of Canada. legalinfopei.ca
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