Age of Consent Policy and Issues raised for LGBTQ individuals

To continue our discussion of questionable aspects of Canada’s age of consent policy, I will be discussing the policy in terms of exclusionary language and stipulations in regard to individuals who identify as LGBTQ.

For the most part, Canada’s age of consent policy is written with gender neutral language, so as to include both heterosexual and same-sex couples. However, as touched upon in a recent post, for some reason the policy upholds conditions under which consent to engage in anal sex drastically differ from those required to obtain consent for other forms of sex (e.g. sexual touching, oral sex, vaginal intercourse).

The section states that consent for anal sex may be obtained only by individuals 18 and older, unless the act is performed between a “husband and wife”. Even though same-sex couples gained the legal right to marry in Canada in 2005, this blatantly exclusionary language has yet to be changed to gender neutral or same-sex couple inclusive terms.

Are we supposed to ignore the terms “husband” and “wife” and interpret this language as pertaining to all married couples? If we interpret the policy as it is written, then does it not mean that two married individuals under the age of 18 who happen to be of the same-sex may not engage in anal sex before their 18th birthdays? Yet heterosexual married couples under the age of 18 may have all the anal sex they please?? Furthermore, how does the policy apply to a young couple (married or otherwise) in which one or both of the individuals are transgendered or transsexual?

Clearly many issues are raised in the use of this extremely outdated language, and the arguably discriminatory age limit for anal sex versus all other forms of sex mentioned in the policy. Obviously this discrepant age requirement for anal sex requires a second look, and the policy begs to be updated with gender neutral and inclusive language. Such changes are necessary steps towards ensuring inclusivity, equality, fairness, and clarity in policy conditions required to obtain consent for all individuals, no matter what they or their partner happen to have between their legs.

- L. T.