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Sexual Offences Involving Minors

Do fake nudes of underage children constitute child pornography?

What are fake nudes? In the digital age, questions surrounding the legality and ethical implications of various forms of content creation have become increasingly prevalent. Among these concerns is the issue of fake nudes. Fake nudes typically refer to digitally manipulated or generated images that depict individuals in a state of undress. These images are often created using advanced graphic design tools and ...

Incest (s. 155) Charges in Canada: Offences, Defences, Punishments

What is Incest? Incest is an offence under Section 155 of the Criminal Code of Canada. This section makes it an offense to, knowing that another person is by blood relationship, a parent, child, brother, sister, grandparent, or grandchild, as the case may be, has sexual intercourse with that person. This section of the criminal code ultimately criminalizes sex between relatives. The law ...

Revenge Porn in Canada: Is posting revenge porn a crime?

What is revenge porn? Through the past decade and into recent years, the evolution of the smartphone and associated technology has simplified the facilitation of dissemination of information and photographs, and privacy and consent concerns have frequently been raised before the courts. This includes the unwanted distribution and dissemination of intimate photographs, and persons doing so for an unlawful, and in some cases, ...

Sexual Exploitation (s. 153 (1)) Charges in Canada: Offences, Defences, Punishments

What is Sexual Exploitation? Sexual exploitation encompasses the touching “directly or indirectly” of a person between 16-17 years of age for a sexual purpose. It is covered under s. 153(1) of the Criminal Code of Canada (the “Code”). Technological advances in the last 15-20 years have led to an increase in sexual exploitation charges. This is largely because young people are being lured ...

Age of Consent in Canada: Laws, Exceptions, Offences, Defences

When someone reaches the age of consent in Canada, they can legally agree to sexual activity. Meanwhile, the criminal law sets severe penalties for those who engage in sexual activities with young persons below the age of consent, penalizing such activities by Canadians both inside and outside of Canada. The law sets several exceptions and includes defences for those investigated or prosecuted ...

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