Section 490.012 of the Criminal Code states that if the court is convicted or not criminally responsible for certain designated offences for a mental disorder, it must ask the person to comply with the Sex Offender Information Registration Act25 for the period applicable under section 490.013 of the Criminal Code. Depending on the offence and its maximum sentence, registration as a sex offender can take 10 years, 20 years or life. The designated offences are listed in section 490.011 of the Criminal Code and correspond to those listed for mandatory DNA orders (see section 8.2 of this document). Anyone who displays their genitals for sexual purposes in front of a person under the age of 16 is guilty of a crime. The maximum penalty for this offence is 2 years. If the person cannot consent, this will constitute sexual assault. For example, since a person under the age of 14 is declared legally incapable of consenting to a sexual relationship with a person, even if there is consent in fact, there would be sexual assault, as consent is impossible at that age and in that situation. One of the motivations for reforming these laws in Canada was the case of Dale Eric Beckham. In March 2005, Beckham, then 31, traveled from his home in Woodlands, Texas, to Ottawa, Ontario, to meet a 14-year-old boy he had met on the Internet. After seeing the boy`s parents sneak into a taxi in the middle of the night, they alerted the police, who followed the taxi to a downtown hotel. Police found Beckham and the boy naked in a hotel room where they engaged in sexual activity; Later, it turned out that the two had also had sex the night before. Police also discovered hundreds of child pornography on a laptop Beckham had brought from Texas.
Beckham was arrested and detained without bail. In Beckham`s home state of Texas, the age of consent is 17 and violations can carry prison sentences of up to 10 to 20 years. In Canada, sexual activity with adolescents as young as 14 was legal (until May 2008) as long as it was consensual and the adult was not in a position of authority or dependence. The boy, who apparently suffered from a social anxiety disorder and had shown signs of suicide, insisted in interviews with police that sex with Beckham was consensual. Therefore, the only crime beckham could be prosecuted for in Canada was a relatively minor offence of possession of child pornography. In November 2005, Beckham pleaded guilty and was sentenced to the time he had already served. He was then deported to the United States.       A number of the offences described above may be prosecuted in Canada even if the offence is committed outside Canada.
It is a criminal offence for a Canadian to travel abroad and engage in sexual activity with a young person who contravenes the law in Canada. Subsection 7(4.1) of the Criminal Code states that a Canadian citizen or permanent resident who is the perpetrator of an act or omission outside Canada that, if committed in Canada, would constitute a criminal offence under one or more provisions of the Criminal Code.17 is deemed to have been committed in Canada. Meriem is 12 years old and June is 14. Meriem cannot consent to any sexual activity with June. Thus, in its defence, a defendant may argue that the complainant consented to the sexual activity in question. However, such consent cannot be accepted or considered implied consent or given in advance.16 The respondent must demonstrate the steps it took to ensure that the consent obtained was clear and ongoing and that such measures were appropriate in the circumstances of the case. Children under the age of 12 are considered unfit to consent to sexual activity with a person, regardless of age. Each province and territory has legislation that requires physicians to report to a child protection agency if they have reasonable grounds to believe that a child is in need of protection (including from sexual abuse). You can only consent to sexual activity if your partner meets the following conditions: With the passage of the Violent Crimes Act on May 1, 200866, the age of consent in Canada was raised to 16. In general, a person under the age of 16 cannot consent to sexual activity under the law.
However, there are exceptions to “close to age” for adolescents aged 12 to 14 and 14 to 16, for whom consent to sexual activity may be valid. However, consent is not a defence if, for example, it is obtained through the use of threats or force, or if a person is unable to give consent. Any non-consensual sexual activity constitutes sexual assault, regardless of the age of the person concerned. The age of consent set out in the Criminal Code is not intended to prohibit consensual sexual relations between young people. With regard to such relationships, the law allows the following: Includes any sexual contact that ranges from a kiss or caress to a sexual relationship. This paper addresses many crimes in Canada related to the age of consent to sexual activity, as well as some related legal issues.