Sinnandskin Blog

IN CANADA, SEX WITH MINORS IS NOT A CRIME AS LONG AS YOU REASONABLY ASSUME THEY’RE ADULTS. YOU DON’T EVEN HAVE TO ASK THEIR AGE.

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Statutory rape in the United States is a raw deal, but it is a hard line that we don’t cross. You fuck a kid, you go to jail. It’s easy. Don’t fuck kids. But of course it happens all the time. And so people go to jail all the time. Maybe they deserve it. But in Canada, land of affordable prescription meds and moose beer, as long as you make a reasonable assumption that the person is over the age of consent, you are in the clear. That’s what the Supreme Court of Canada said in agreeing with a trial judge who acquitted a 35-year-old woman of sexual assault charges for having sex with a 14-year-old boy. Barbara George got off (twice) because, the trial judge found the sexual activity was “factually consensual,” meaning she honestly believed the boy was at least 16, and there was reasonable doubt she had not taken all reasonable steps to determine the age of the boy. But here’s the kicker: Barbara never asked the boy how old he was. The Supreme Court said “reasonable steps” is open-ended language and that determining age is a “highly contextual, fact-specific exercise.”

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It was good enough that Barbara assumed the boy was over the age of 16 because he had facial hair, a mature demeanour and apparent sexual experience. He also smoked and took care of his younger siblings. The Supreme Court said, “In some cases, it may be reasonable to ask a partner’s age. It would be an error, however, to insist that a reasonable person would ask a partner’s age in every case. Conversely, it would be an error to assert that a reasonable person would do no more than ask a partner’s age in every case, given the commonly recognized motivation for young people to misrepresent their age.” Well, we can’t exactly say we’ll miss the horny old cougars packing their bags for Canada on that news.



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