The legal framework
The Criminal Code sets the age of consent at 16 with close-in-age exceptions, and 18 where there is a relationship of trust, authority, dependency or exploitation. The Supreme Court in Ewanchuk rejected the defence of implied consent: consent must be positively communicated, and cannot be given in advance or while unconscious.
Key points
| Age of consent | 16; 12–13 year olds with a partner under two years older; 14–15 with a partner under five years older |
|---|---|
| Authority or dependency | 18 |
| Affirmative consent | Consent must be actively and continuously communicated |
| Advance consent | Not possible; consent cannot be given for a period of unconsciousness |
| Marital rape | Criminal since 1983 |
| Limitation | None for criminal offences |
| Third-party records | Protected by strict rules limiting access to complainants' counselling records |
| No advance consent | An unconscious person cannot consent, however earlier arranged |
| Sexual history | Its use is tightly restricted by statutory procedure |
| Close-in-age exceptions | Apply to young people within defined age gaps |
In practice
- Report to the police at any station; you do not have to decide immediately whether to pursue a prosecution.
- A forensic medical examination can usually be carried out and stored before any decision to report.
- Specialist support services can attend with you and explain each step.
- Ask for written confirmation of any examination and of the report reference.
- Attend a sexual assault centre: many collect evidence and store it for a year without reporting.
- Victim services can provide counselling and court accompaniment free of charge.
Recent changes
Several provinces have introduced specialised courts and dedicated prosecution teams for sexual violence, aiming at fewer delays and better complainant support.
Where to go
- Provincial sexual assault centre networks and 24-hour crisis lines.
- Hospital-based sexual assault care and treatment centres.
- Victim services through provincial ministries of justice.
Worth knowing
There is no time limit on reporting in Canada, and no requirement to decide immediately: hospitals can collect and store a forensic kit while you take time. Canadian law has no concept of implied consent and no advance consent. The Supreme Court has been explicit on both points.
Official sources and links
- Canada.ca — official government portal
- Justice Laws Website — federal statutes and regulations