Dating age restrictions canada
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Nevertheless, the Commission recommended repeal of that offence on the grounds that the offence of contributing to juvenile delinquency was a better prohibition that accomplished the same thing in a gender-neutral way.
It must be noted that contributing to delinquency has not been a criminal offence since the Juvenile Delinquents Act was repealed and replaced by the Young Offenders Act in 1984.
The kind of scrutiny that a complainant might face in testing the proof of her chaste character no doubt also contributed to the fact that few charges were being laid under that provision prior to its repeal.
The Law Reform Commission of Canadas Working Paper 22 recommended the repeal of the seduction offences relating to young women over 18 and under 21 because they assumed "a general sexual immaturity among women" and attributed to men "the sole responsibility for making sexual decisions." The Commission said those were incorrect and unjust assumptions that should not be reflected in the criminal law.
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Once again, males under 14 were not open to prosecution for this offence.
The exception, of course, is anal intercourse, to which unmarried persons under 18 cannot legally consent, although both the Ontario Court of Appeal(3) and the Quebec Court of Appeal(4) have struck down the relevant section of the Criminal Code.
Prior to passage of Bill C-15, section 153(1) of the Criminal Code made it an indictable offence for any male person to have sexual intercourse with a female under 14 who was not his wife, whether or not he believed she was at least 14; the maximum penalty upon conviction was life imprisonment.
With the advent of the Criminal Code in 1892, the strict prohibition against sexual intercourse was retained for girls under 14 (not married to the accused) and the law was strengthened to make an accuseds belief about the young womans age irrelevant.
That age limit has not changed and remains in place today, with narrow exceptions for consensual activity between young persons less than two years apart in age. For example, the Badgley Report notes that seduction of a girl over 12 and under 16 "of previously chaste character" was made an offence in 1886.