CONSENT NO DEFENCE

... / Exception / Exemption for accused aged twelve or thirteen / Mistake of age / Idem.

150.1 (1) Where an accused is charged with an offence under section 151 or 152 or subsection 153(1) , 160(3) or 173(2) or is charged with an offence under section 271 , 272 or 273 in respect of a complainant under the age of fourteen years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge.

(2) Notwithstanding subsection (1), where an accused is charged with an offence under section 151 or 152 , subsection 173(2) or section 271 in respect of a complainant who is twelve years of age or more but under the age of fourteen years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge unless the accused

(a) is twelve years of age or more but under the age of sixteen years;
(b) is less than two years older than the complainant; and
(c) is neither in a position of trust or authority towards the complainant nor is a person with whom the complainant is in a relationship of dependency.

(3) No person aged twelve or thirteen years shall be tried for an offence under section 151 or 152 , or subsection 173(2) unless the person is in a position of trust or authority towards the complainant or is a person with whom the complainant is in a relationship of dependency.

(4) It is not a defence to a charge under section 151 or 152 , section 160(3) or 173(2), or section 271 , 272 or 273 that the accused believed that the complainant was fourteen years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.

(5) It is not a defence to a charge under section 153 , 159 , 170 , 171 or 172 or subsection 212(2) or (4) that the accused believed the complainant was eighteen years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.
[R.S.C. 1985, c.19 (3rd Supp.), s.1.]


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