Sexual Exploitation
Sexual exploitation is the offence, under section 153 of the Criminal Code, where a person in a position of trust or authority toward a young person (16 or 17 years old), or with whom the young person is in a relationship of dependency, engages in sexual activity with that young person — or invites, counsels, or incites such activity. The offence captures relationships where the apparent consent of the young person cannot be legally relied upon because of the structural inequality.
Mass Tsang's sexual assault lawyers handle section 153 files across the GTA. For more on age-related sexual offences, see our blog post on the age of consent in Canada.
Why the offence exists
Canada's general age of consent is 16, but section 153 raises it to 18 in relationships of trust, authority, or dependency. The legislative purpose is to protect young persons from sexual exploitation by adults whose role gives them undue influence — teachers, coaches, religious leaders, employers, supervisors, family members, and others in similar relationships. Apparent consent does not provide a defence where the structural relationship vitiates voluntariness.
Elements
The Crown must prove: (1) the complainant was 16 or 17 years old at the time of the conduct; (2) the accused was in a position of trust or authority toward the complainant, or the complainant was in a relationship of dependency with the accused, or the relationship was exploitative; and (3) the accused engaged in sexual activity with the complainant, or invited, counselled, or incited such activity. The Crown must prove the relationship; once proven, apparent consent does not save the accused.
What counts as a relationship of trust or authority
The categories are not limited to formal titles. Courts have found relationships of trust or authority to exist in many contexts: teacher-student; coach-athlete; clergy-congregant; employer-employee (especially with significant age and power gaps); doctor-patient (and related health-care provider relationships); family relationships beyond strict consanguinity (step-relations, common-law partners' children); and informal mentor relationships where the adult exercises significant influence. Section 153(1.2) provides guidance on assessing exploitation.
Penalties
Sexual exploitation is hybrid with significant minimums on indictment. The summary maximum is 2 years less a day; the indictable maximum is 14 years. Mandatory minimum penalties apply for some configurations. Convictions trigger SOIRA registration, section 161 prohibition orders, weapons prohibitions, and DNA orders. Immigration consequences are severe.
Defences
Defences include: the relationship did not meet the section 153 threshold (no trust, authority, dependency, or exploitation); mistaken belief about the complainant's age (subject to reasonable-steps requirements under section 150.1); identification; lack of sexual activity; and Charter challenges to investigation. Mistaken belief in age is available only where the accused took all reasonable steps to ascertain age — and even then, narrowly.
Related glossary terms
