Age of consent laws have been in place for a long time in Canadian history, below is a quick timeline of the law and the major changes.
Before 1890 only girls under the age of 12 were NOT able to consent to sexual intercourse
But in 1886 a law was put into place where seduction of a girl between the ages of 12-16 of "previously chaste character" was an offense. This included the promise of marriage. In 1887, the age was increased to 21 when the promise of marriage was made.
1892 – Accused could not plead ignorance on belief of age
1920 – The previous law made in 1886 was changed to prohibit sexual intercourse, and after 1920, the question of who was more to "blame" became an issue that could lead to acquittal but the offence remained in force until 1988.
1969 – Anal sex is added as an offence for unmarried couples under the age of 18. Before this anal sex was considered an offence no matter what age and special consideration was placed on homosexuality as an illegal activity
1988 – Bill C-15 added new offences: sexual interference, invitation to sexual touching and sexual exploitation. These were added in response to protect both boys and girls under 14. Sexual exploitation was added so adults in a position of trust or authority cannot have any sexual contact with a young person under the age of 18
It should be noted that few charges were actually laid in response to this law prior to Bill C-15 due to the language used in the law - specifically only defining sexual activity as sexual intercourse and the protection only of women of "previously chaste character" which was easily contested by the defendant. Not much has changed since Bill C-15, although a major change has occurred in the past year...
L.L.
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