The PLEA: Hanging Out 101

Respecting personal boundaries is key to healthy and respectful relationships. There are also legal considerations that deal with the age of consent.

In Canada, the age of consent for sexual activity is 16 years old, but there are important exceptions for younger individuals:

• Youths aged 12 or 13 may consent to sexual activity with someone who is less than 2 years older than them
• Youths aged 14 or 15 may consent to sexual activity with someone who is less than 5 years older than them

provided that

• The other person is not in a position of trust or authority to the young person
• The other person is not someone the young person is dependent on
• The sexual activity is not exploitative

When an exception does not apply, individuals under the age of 16 cannot legally consent to any sexual activity, making sexual contact sexual assault.

The law is clear. First, sexual activity without consent is sexual assault. Second, young people who are not at the age of consent cannot consent to any sexual activity. A person below this age cannot legally provide consent, regardless of what they say or do. If an individual is charged with sexual assault in these circumstances, they can’t simply say they believed the other person was old enough to consent. They must have taken all reasonable steps to find out the age of the other person.