In a previous blog it was mentioned that the age to consent to sexual activity is 16 years old with certain restrictions and exemptions. The sexual activity being referred to does not include anal sex. A quick read of the criminal code of Canada states: "Every person who engages in an act of anal intercourse is guilty of an indictable offence" unless the two consenting individuals are married or are over 18 years old. Upon reading this, I was outraged! Why would anal sex be placed in a higher age bracket?
Upon further investigation, I found that Ontario and Quebec had ruled this law unconstitutional in two court cases. I believe this to mean that anyone who engages in anal sex who is under 18 but over 14 (the age of consent at the time of the case, but now it would be 16) and taking into consideration the close in age exemptions would be the same as any other sexual activity.
This is good news.
But this is where I get "anal" (pun intended).
The Criminal Code of Canada still has this law written.
So...does this mean that anal sex is still illegal and punishable for those unmarried and under 18? The court cases in Ontario and Quebec happened in 1995 and 1998 respectively and it sounds like even though it was ruled unconstitutional this law still technically exists!
L.L.
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