33 www.peicrimestoppers.com About consent to sexual activity Sexual exploitation A 16 or 17 year old cannot consent to sexual activity if: • their sexual partner is in position of trust or authority towards them, for example their teacher or coach • the young person is dependent on their sexual partner, for example for care or support • the relationship between the young person and their sexual partner is exploitative The following factors may be taken into account when determining whether a relationship is exploitative of the young person: • the young person's age • the age difference between the young person and their partner • how the relationship developed (for example, quickly, secretly, or over the internet) • whether the partner may have controlled or influenced the young person Sexual offences The Criminal Code protects all Canadians from sexual abuse and exploitation. For example, it protects everyone, including children, against: • sexual assault • sexual assault with a weapon • aggravated sexual assault • voyeurism • trafficking in persons • non-consensual distribution of intimate images Child sexual offences The Criminal Code also protects children through child-specific offences including: • sexual interference • invitation to sexual touching • sexual exploitation Other child-specific sexual offences include: Child pornography Child pornography is broadly defined and includes: • any representation of a person who is, or is depicted as being, under the age of 18 years, engaged in explicit sexual activity • any representation whose dominant characteristic is the depiction of the sexual organs or anal region of a person under the age of 18 years for a sexual purpose • written, visual and audio material that advocates or counsels unlawful sexual activity with a person under the age of 18 • written, visual and audio material whose dominant characteristic is the description of unlawful sexual activity with a person under the age of 18 for a sexual purpose It is against the law for child pornography to be: • made • distributed • made available • sold • possessed or accessed • advertised • exported or imported The maximum penalties for these offences range from 10 to 14 years. Luring a child It is against the law for anyone to use the internet to communicate with a young person in order to commit a sexual or abduction offence against that young person. This offence is sometimes called "internet luring." The maximum penalty for this offence is 14 years. Exposure It is against the law for anyone to expose their genital organs for a sexual purpose to a person under the age of 16 years. The maximum penalty for this offence is 2 years. Child prostitution It is against the law for anyone to: • purchase the sexual services of a person under the age of 18 years • materially benefit from child prostitution • encourage or incite a person under the age of 18 to participate in prostitution The maximum penalties for these offences range from 10 to 14 years. Child sex tourism It is against the law for a Canadian or permanent resident to travel outside of Canada and engage in any sexual activity with a young person that is against the law in Canada. If the person is not prosecuted in the country where the offence is alleged to have occurred, the person could be prosecuted in Canada. If convicted, the person would face the same penalty as if that offence had occurred in Canada. Provincial and territorial child protection legislation In addition to these criminal laws against child sexual abuse and exploitation, each province and territory has its own child welfare laws to protect children against abuse, exploitation and neglect. Please go to www.canlii.org/en/pe/laws/stat/rspei-1988-c-c5.1/latest/rspei-1988-c-c-5.1.html for Prince Edward Island Child Protection Act. www.justice.gc.ca All sexual activity without consent is a criminal offence, regardless of age. “ ”
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