Quote: (06-22-2011 05:32 PM)MiXX Wrote:
Ummm...isn't that what I wrote? As long as the aggressor is not a in a position of authority by the actor.
So, I fail to see how any judge can say that my 16 year old neighbor I banged is being exploited by me if I have absolutely no authority or influence of her decisions to consent to sex.
In other words, her having sex with me does not prevent or cause her from getting fired, losing her life, or getting a promotion be it school or work.
Not sure what is unclear here, but its crystal clear to me.
Mixx
No, those are two different clauses. The first one you talk about is where the person should not be in a position of authority, i.e. teacher, boss etc. That is pretty clearcut for the most part.
BUT, there is ANOTHER clause, that covers relationships which are not those where the other person is in a direct position of authority. These are two separate provisions of the same act.
While YOU might fail to see how you banging your 16 year old neighbour is an exploitative relationship, a judge may very well, on his or her discretion, decide to see otherwise.
Just being more than twice her age could be sufficient reason for the judge to decide that you have control over her and it is an exploitative relationship.
Quote:Quote:
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............
Inference of sexual exploitation
(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;
© the evolution of the relationship; and
(d) the degree of control or influence by the person over the young person.
Definition of “young person”
(2) In this section, “young person” means a person 16 years of age or more but under the age of eighteen years.
http://laws-lois.justice.gc.ca/eng/acts/...ge-65.html