Ontario Sexual Exploitation Lawyer: We defend exploitation charges throughout all of Ontario, Canada.

Adults can be charged with sexual exploitation for sexual activity with 16 or 17 year olds under Section 153 (1) of the Criminal Code.

The law is somewhat gray in Canada as to what the age of consent actually is. While 16 is the technical age of consent in Canada, the Criminal Code allows the police to charge and the courts to convict adults (18+) for sexual activity with anyone under the age of 18 in certain circumstances.

The potential punishments are the same as for sexual interference (minimum 90 days jail, maximum 14 years prison, sex offender registration, lifelong s. 161 prohibition orders) when the complainant is aged 16 - 17. While the technical age of consent in Canada is 16, the safe age is 18 as there are many ways for the police to claim the accused was in a position of trust and charge them with sexual exploitation under s. 153 (1).

Section 153 (1) of the Criminal Code states:

153 (1) Every person commits an offence who is in a position of trust or authority towards a young person, who is a person with whom the young person is in a relationship of dependency or who is in a relationship with a young person that is exploitative of the young person, and who

      (a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person; or

      (b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person.

A defendant may think they are not in a position of trust, but it is a lot easier for the courts to deem this to be the case than most people think.

While individuals such as teachers, police officers, nurses, doctors, dentists, parents and step parents, counsellors, coaches, and so many others are obviously in a position of trust and/or authority towards a 16-17 year old, the statute is broad and even those who do not meet such obvious definitions will fall under it. A 30 year old unemployed guy in a park who introduces himself and starts a sexual relationship with a 17 year old could definitely be charged with sexual exploitation if she or someone else makes a complaint to the police.

Section 153 (1.2) spells out very broad criteria upon which someone aged 18+ could be charged for sexual activity with a 16 - 17 year old because of an inference of sexual exploitation. The law reads as follows:

Inference of sexual exploitation

153 (1.2) A judge may infer that a person is in a relationship with a young person that is exploitative of the young person from the nature and circumstances of the relationship, including

      (a) the age of the young person;

      (b) the age difference between the person and the young person;

      (c) the evolution of the relationship; and

      (d) the degree of control or influence by the person over the young person.

Definition of young person

153 (2) In this section, young person means a person 16 years of age or more but under the age of eighteen years.

It is important to note that while these listed conditions are very broad based. The Criminal Code has given the courts basically full discretion to assess each case on a case by case basis. The safe age of consent in Canada is effectively 18, not 16.

If the accused met the complainant online this can be used as evidence to support a sexual exploitation charge

The most common way people meet sexual partners in Canada is online. It is important to note that Sexual Exploitation (Section 153 (1)) is a listed offence under the Luring a child section of the Criminal Code (Section 172.1) along with any other child related sexual offence.

Given that the “evolution of the relationship” is a specifically listed factor for the courts to consider in convicting someone of sexual exploitation charges, any adult who meets a child over the internet who is 16 - 17 years old is taking an extreme risk that their behaviour will be deemed sexual exploitation by the courts.

Please see our page on luring a child charges for more information on that separate and often included offence.
You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with child pornography offences throughout all of Ontario, Canada.

Have a skilled criminal lawyer who focuses on defending child pornography charges protect you and your future from the consequences of a criminal record.




Are you a lawyer? If you are defending a child pornography related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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