Fed Law - Child Sex Offences

Question 1

Age of Sexual Activity

Answer 1

16yrs old

Question 2

s. 151
Sexual Interference

(5)

Answer 2

1 - Every person
2 - For sexual purpose
3 - Touches, directly or indirectly
4 - With a part of the body or object
5 - Any part of the body of a person UNDER 16

Question 3

s . 152
Invitation to Sexual Touching

(7)

Answer 3

1 - Every person
2 - For sexual purpose
3 - Invites/counsels/incites
4 - Person under 16
5 - to touch directly or indirectly
6 - With a part of body or object
7 - the body of ANY person

Question 4

s. 150.1(3)

Exemption
3

Answer 4

• A 12 or 13 yr old cannot be tried to sexual inference or invitation to sexual touching unless:
  1 - In a position of trust ie baby sitter
  2 - Relationship of dependency ex - Foster parent
  3 - Relation is exploitative ex - Pimp

Question 5

s. 150.1(1)

No defence …

Answer 5

If complainant under 16 yrs old, no defence that complainant consented

Question 6

s. 153
Sexual Exploitation

(6)

Answer 6

1 - For a sexual purpose
2 - Same facts in issue of Sexual interference AND or invitation to sexual touching
3 - Young person (16-17)
4 - person is in a position of trust
5 - relationship of dependancy
6 - relationship is exploitative of young person

Question 7

s. 150.1(2)

Consent for 12-13
3

Answer 7

1 - there is consent
2 - There is LESS than 2 years age difference
AND
3 - Not is position of authority/relationship of dependancy/exploitative

Question 8

s. 150.1(2.1)

Consent for 14-15 yrs old
3

Answer 8

1 - there is consent
2 - less than 5 years difference
AND
3 - not in position of truth/authority/relationship of dependancy/exploitative

Question 9

s. 150.1(4)

Mistaken Age
2

Answer 9

1 - Accused can use this defence if they took all the reasonable steps to determine the age of the complainant
2 - Location they met, company with at the time, physical appearance