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Ban on willing sex between underage teens and adults ruled constitutional

eznutz

Active member
Jul 17, 2007
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A cornerstone law aimed at protecting teens from sexual exploitation by adults is constitutional, even if the sex is clearly consensual, Ontario’s top court has ruled.

The decision affirms a section of the Criminal Code that bars any sexual activity involving teens aged 14 and 15 and partners more than five years older.

“For an adult to suggest that, by excluding him from the close-in-age group, Parliament has made the law overbroad is to misunderstand the protective purpose of the law,” the Court of Appeal ruled.

Court files show the accused in this case was 21 years old when he began a romantic relationship with a 15-year-old girl he had known for several years. The relationship — described at trial as positive — lasted 11 months and progressed to sexual activity.

Evidence was that the girl wanted and instigated the sex, while he was initially reluctant because she was not yet 16 — the legal age for consent.

Even though the girl was a willing partner, part of the Criminal Code — Section 150.1 — barred the accused from raising consent as a defence. The impugned law does allow a teen aged 14 to 16 to agree to sexual activity — but only if the partner is less than five years older and there is no relationship of trust.

http://www.vancouversun.com/news/wi...ults+ruled+constitutional/11541281/story.html
 

nottyboi

Well-known member
May 14, 2008
22,447
1,325
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I think the law should stand, but the judge should be give the authority to overrule it in cases where the difference was marginal, of if there are any exigent circumstances and the parents are willing to waive prosecution.
 

Gntlmn1

Active member
May 11, 2013
110
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28
S one has to wonder how the crime was brought to the attention of authorities. Whomever did that, parents, teacher, etc, probably has an interesting story explaining why, maybe??


I think the law should stand, but the judge should be give the authority to overrule it in cases where the difference was marginal, of if there are any exigent circumstances and the parents are willing to waive prosecution.
 
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