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An 11-year old female has consensual sexual contact with a 14-year old male acquaintance. The parents of the female complain to police. What role does
An 11-year old female has consensual sexual contact with a 14-year old male acquaintance. The parents of the female complain to police. What role does consent play in regards to a sexual assault charge under s. 271?
Note that the male is not in a position of trust, authority or dependancy, and the relationship is not considered exploitive.
a | Since the female consented to the sexual contact, consent is a defence to a charge of sexual assault under s. 271. Age of the participants is irrelevant. | |
b | An 11-year old person may legally consent to sexual contact only if the other person is no more than two years older. In this case, consent of the younger person is not a defence to a charge of sexual assault under s. 271. | |
c | Since the male is less than five years older than the female, consent of the female is a defence to a sexual assault charge under s. 271. | |
d | No person under the age of 12 may legally consent to sexual contact. Consent is not a defence to a charge of sexual assault in this circumstance. |
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