Who Enforces Age of Consent Policy? Anyone?

One may question as to how the Age of Consent policy is enforced, and by whom – a difficult question to answer. It was Pierre Trudeau who famously stated to reporters that "there's no place for the state in the bedrooms of the nation", adding that "what's done in private between adults doesn't concern the Criminal Code". The key word here is that of ‘adults’, where mutual consent is present in their sexual activities. Children, and youth fall within the Age of Consent policy-law to ensure their protection and safety.

The Age of Consent policy is, what’s called a ‘regulatory policy’, which exists to deter certain behaviours, in this case, nonconsensual and/or exploitative sexual practices. Sexual activity is next to impossible to monitor, as you can imagine. We haven’t got cameras in our homes – it would violate our rights to privacy, (I wouldn’t want Big Brother watching me, would you!?). This policy acts to inform the public that youth of a certain age, and within certain limits, ARE legally able to consent to sexual activities... and some are not.

Those who do not meet the standards and exceptions to the age of consent policy are penalized within the judicial system.

Examples:

** male person who had sexual intercourse with a female not his wife who was over 14 but under 16, and "of previously chaste character," (I’m assuming that means she was a virgin?) was guilty of an indictable offence, and liable to a maximum of five years’ imprisonment, whether or not he believed she was 16.

** "sexual interference" or "invitation to sexual touching" is prohibited, in respect of a young person over 14 but under 18, where the accused is in a relationship of trust or authority towards the complainant or the complainant is in a relationship of dependency with the accused. Previous sexual experience and/or consent are no longer relevant where this special relationship exists. The maximum available penalty is five years’ imprisonment for those prosecuted by way of indictment.”

Law enforcement in and of itself does not protect youth; how could it unless we are monitoring the sexual relationships between all individuals? It only allows for prosecution once youth have already been exploited. There are a number of offences that the accused can be charged of, including: Sexual Interference, Invitation to sexual touching, Sexual exploitation, Bestiality in presence of or by child, Indecent acts, or is charged with an offence under Sexual assault, Sexual assault with a weapon, threats to a third party, or causing bodily harm, or Aggravated sexual assault in respect of a complainant under the age of fourteen years [now 16 years].

Seeing as it has taken me 22 years to learn the age of consent (16), I don't think the federal government of Canada has done a good job in educating the youth. How can the policy act as a deterrent if few know about it? It only provides guidelines as to how someone will get punished. So much for protecting youth!

- A