Can a minor consent to having sex with an adult?

If you have been charged or are being investigated, hiring a Calgary sexual assault lawyer is important. I can explain the strategy for fighting these charges, the repercussions of a guilty plea, the nature of a peace bond if applicable, and other related aspects of your charges. Contact us now at 587-888-7149 for a free consultation.

Can a minor consent to having sex with an adult?

A minor can sometimes consent to having sex with an adult depending on their age and other factors. People who are 16 or 17 years old can usually consent to sex with adults who are not in an authority or dependency position over them, and people who are 14 or 15 years old can usually consent to having sex with people who are less than five years older than them, depending on their relationship. No one under 14 can consent to having sex with an adult in any circumstance (although 12-and-13-year-olds can sometimes consent to sexual activity with people who are less than two years older than them, depending on their relationship). I discuss this in more detail in my FAQ about the age of consent in Alberta.

The law around consent to sexual activity is complicated and about much more than just age. For example, some people with disabilities are unable to consent and people can be too drunk or high to consent. I have separate FAQ about what consent means in sexual assault cases, whether a drunk person can consent, and whether a text message can be used to prove that a complainant consented. I also have separate FAQ about sexual crimes against minors, including sexual interference, invitation to sexual touching, child luring, sexual exploitation, sexual exposure, and child pornography crimes.