It is currently illegal in Canada to have anal sex under the age of 18 except between a husband and wife
Yesterday, November 15th, Canada’s liberal government announced that it will repeal the Canada Sodomy Law, which the government called a “discriminatory” law against gay youth. Currently, the age of consent for sexual activity in Canada is 16 or close in age. However, the Criminal Code explicitly prohibits anal sex for people under the age of 18—unless they’re husband and wife. LGBT groups have called the Canada Sodomy Law unconstitutional and a violation of equality rights. The current law also applies to heterosexual youth who engage in anal sex.
Canada’s age of consent laws apply to all forms of sexual activity. This ranges from sexual touching, including kissing, to full sexual intercourse. The history behind why anal sex is treated more harshly dates back to the Victorian era when homosexuality was illegal.
“This section of the Criminal Code is discriminatory and the LGBTQ2 community has rightfully called for its repeal,”Justice Minister Jody Wilson-Raybould told reporters.”Our society has evolved over the last few decades and our criminal justice system needs to evolve as well. This legislation will help ensure that the system is keeping pace with societal change and continuing to meet expectations of Canadians.”
This move is more than just a symbolic gesture to the Canadian gay community. In 2014 and 2015, there were 69 charges of sodomy below the age of 18. Although none of these charges led to convictions, appellate courts across Canada have ruled this law unconstitutional.
“The proposed amendment would ensure, in law, that all forms of consensual sexual activity are treated the same,” continued the Justice Minister. “Diversity and inclusion have long been among the values Canadians embrace. Canadians expect their laws and their government to reflect these values.”
What is the age of consent in Canada?
In Canada, the age of consent is 16. However, in 2008 the Canadian Criminal Code was updated to include “close in age” or “peer group” exceptions.
A 14- or 15-year-old can consent to sexual activity with a partner as long as the partner is less than five years older. A 12-or 13-year-old can consent to sexual activity with another teen who is less than two years older.
In both cases, the law states that there must not be a relationship of “trust, authority or dependency or any other exploitation of the young person.” In other words, sex with a babysitter, teacher, employer, coach, etc.
In the case of “exploitive” sexual activity, the age of consent in Canada is 18. This basically means when the sexual activity involves pornography or prostitution. Canada’s age of consent law also prohibits sex under the age of 18 with any figure of authority, trust or dependency. Including that studly Football coach you lusted after in high school.
Watch video of Justice Minister Jody Wilson-Raybould talking about Canada Sodomy Law