Age of Consent

 

What is the age of consent?

The age of consent is the legal age you can agree to have sex. In Canada, the age of consent is 16. This means that agreeing to have sex before you are 16 is not legal in Canada.

Are there any exceptions?

Yes, there are three exceptions to the law.

The first two are “close-in-age” exceptions. If you are twelve or thirteen years old, you can consent to sexual activity with someone less than two years older than you. If you’re fourteen or fifteen, you can consent to sexual activity with someone who is less than five years older than you, or if you are married to the person.

However, these exceptions don’t apply if the other person is in a position of trust or authority towards you (like a teacher, a coach or a babysitter). Or if you are in a dependant relationship with the person (like if you rely on them for financial support), or if the relationship between you is exploitative (they are taking advantage of you). In these cases the youth is considered a victim, while the older person is viewed as the accused or perpetrator.

The third exception, except in Ontario and Quebec, is for anal sex. The age of consent for anal sex is 18 years old, unless you are married. However, Ontario courts have ruled this unconstitutional.