To continue with our recommendations for a new age of consent policy, we suggest that the policy and related laws may be improved by clarifying the definition of sex.
As previously discussed, ‘sex’, or ‘sexual activity’ and ‘sexual touching’ as referred to in the Criminal Code of Canada, may indicate any number of acts, from a kiss, to petting, to oral sex, to any form of sexual intercourse. Because age of consent polices and related laws use such broad terms that encompass all acts that are sexual in nature, and the incidence of sexual intercourse is no longer required to prosecute individuals who violate these policies or laws, vulnerable individuals are provided with comprehensive protection against all unlawful “sexual” acts and activities.
At the same time however, such an unclear and unspecific definition of what exactly constitutes “sexual activity” or “sexual touching” makes it extremely difficult to discern or know what sexual acts are considered acceptable. This lack of clarity has important implications especially for those partners who happen to fall outside of age restrictions set out by age of consent polices and related laws. For example, a 13-year old may not legally consent to engage in any sexual activity with individuals more than 2 years older. Therefore, a 13-year old who happens to be in a romantic relationship with someone who is 2 and a half or 3 years older technically cannot legally consent to engage in sexual activity with this individual. So what, then, constitutes “sexual activity” or “sexual touching”? If these two partners were to share a kiss would the older partner be prosecuted, or would this be considered acceptable? If these two partners were to engage in other forms of “sexual touching” that did not involve oral sex or sexual intercourse (e.g. petting, etc.), would this be considered lawful? Where exactly do we draw the line between acceptable and unacceptable “sexual activity” or “sexual touching” between consenting partners who may happen to fall outside of age restrictions under the age of consent policy?
A new age of consent policy and related laws would benefit from providing a clearer more specific definition of what exactly constitutes “sexual activity” and “sexual touching”, and importantly what acts that are labelled “sexual” in nature are considered legitimate expressions of romantic feelings between those who happen to have a partner that falls slightly outside of age restrictions under age of consent polices and related laws. Only through such clarification can individuals be expected to know and understand which “sexual” acts they may engage in lawfully with their partner. Perhaps such cases should be considered on an individual basis, as different meanings and levels of legitimacy may apply to the same sexual acts or activities across couples.
As previously discussed, ‘sex’, or ‘sexual activity’ and ‘sexual touching’ as referred to in the Criminal Code of Canada, may indicate any number of acts, from a kiss, to petting, to oral sex, to any form of sexual intercourse. Because age of consent polices and related laws use such broad terms that encompass all acts that are sexual in nature, and the incidence of sexual intercourse is no longer required to prosecute individuals who violate these policies or laws, vulnerable individuals are provided with comprehensive protection against all unlawful “sexual” acts and activities.
At the same time however, such an unclear and unspecific definition of what exactly constitutes “sexual activity” or “sexual touching” makes it extremely difficult to discern or know what sexual acts are considered acceptable. This lack of clarity has important implications especially for those partners who happen to fall outside of age restrictions set out by age of consent polices and related laws. For example, a 13-year old may not legally consent to engage in any sexual activity with individuals more than 2 years older. Therefore, a 13-year old who happens to be in a romantic relationship with someone who is 2 and a half or 3 years older technically cannot legally consent to engage in sexual activity with this individual. So what, then, constitutes “sexual activity” or “sexual touching”? If these two partners were to share a kiss would the older partner be prosecuted, or would this be considered acceptable? If these two partners were to engage in other forms of “sexual touching” that did not involve oral sex or sexual intercourse (e.g. petting, etc.), would this be considered lawful? Where exactly do we draw the line between acceptable and unacceptable “sexual activity” or “sexual touching” between consenting partners who may happen to fall outside of age restrictions under the age of consent policy?
A new age of consent policy and related laws would benefit from providing a clearer more specific definition of what exactly constitutes “sexual activity” and “sexual touching”, and importantly what acts that are labelled “sexual” in nature are considered legitimate expressions of romantic feelings between those who happen to have a partner that falls slightly outside of age restrictions under age of consent polices and related laws. Only through such clarification can individuals be expected to know and understand which “sexual” acts they may engage in lawfully with their partner. Perhaps such cases should be considered on an individual basis, as different meanings and levels of legitimacy may apply to the same sexual acts or activities across couples.
- L.T.
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