Sexual Exploitation laws protect youth aged 16-17 from abuse by adults in positions of trust, authority, or dependency.

Sexual Exploitation: Criminal Code Provisions (s. 153)

Criminal Code Provision (s. 153)

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:

1. 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
2. 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.

Understanding Sexual Exploitation

Sexual exploitation laws safeguard youth aged 16-17, who may be above the standard age of consent yet remain susceptible to abuse by adults in authoritative roles.

Examples of exploitative relationships include:

• Teacher-student, coach-athlete, or employee-employer.
• Caregivers, step-parents, or trusted family friends.
• Situations where there is a large age or power imbalance, and the young person is manipulated or coerced.

What the Crown Must Prove

1. The individual filing the complaint was 16 or 17 years old.
2. The accused participated in sexual touching (or prompted the young person to engage in it).
3. The accused held a position of trust, power, dependency, or the relationship was exploitative in nature.

Consent in Sexual Exploitation Cases

• The focus is on power dynamics in Sexual exploitation cases. The law assumes that the youth in these situations may feel pressured or unable to freely refuse.
• Consent is not generally a valid defence if given in the context of exploitation. Even though 16 and 17-year-olds can legally consent to sexual activity, the law removes that consent where there is an abuse of trust or authority.
• The factors courts consider when determining an “exploitative” relationship are:
  • The age difference between the accused and the youth.
  • Evolution of the relationship.
  • Degree of control or influence.
  • Any threats or emotional manipulation.

Sentencing for Sexual Exploitation

Sexual exploitation is a hybrid offence.

1. Summary Conviction: The maximum sentence one could face is 2 years less a day in jail.
2. Indictment: The maximum sentence would be 14 years in prison.
3. Additional Consequences: While determining the sentence, the court can award further orders such as an automatic inclusion on the Sex Offender Registry, DNA orders, weapons prohibitions, and restrictions on contact with minors. Courts may impose internet restrictions or ban working/volunteering with youth.