There exist two close-in-age exemptions, depending on the age of the younger partner.A youth of twelve or thirteen can consent to sexual activity with an individual less than two years older than they.The "position of trust under 18" anti-exploitation rules were expanded in 2005 by Bill C-2 where a judge may choose to term a situation to be sexual exploitation based on the nature and circumstances of the relationship including the age of the younger party, age difference, evolution of the relationship (how it developed, e.g.
For example, in Indiana the age of consent is 16 but it is illegal for a person over 18 to have sex with anyone under 18 if they work at their school, are their parent or a stepparent, or are a person recruiting them to join the military.
Historically, the age of consent applied to male-female relationships; same-sex relationships were often illegal regardless of the ages of participants.
Typically, Mexican states have a "primary" age of consent (which may be as low as 12), and sexual conduct with persons below that age is always illegal.
The age of consent is the age at or above which a person is considered to have the legal capacity to consent to sexual activity.
The term "position of trust or authority" is not defined in the Code but the courts have ruled that parents, teachers, and medical professionals hold a position of trust or authority towards youth they care for or teach.
Section 153 (1.2) of the Code provides that a judge can infer whether or not a relationship is "exploitative" by considering its nature and circumstances including how old the youth is, the difference in ages between the partners, how the relationship evolved, and the degree of control or influence that the older partner has over the youth.
Section 159 of the Criminal Code criminalizes anal intercourse, but provides exceptions for a husband and wife, and any two persons 18 years of age or older.
These exceptions do not apply if a third person is present, or if the anal intercourse takes place anywhere but in private.
In 1886, a law was enacted that made the "seduction" of a girl over 12 and under 16 "of previously chaste character" a criminal offence; the "seduction" of a female under 18 "under promise of marriage" was also made illegal in 1886, and amended in 1887 to apply to females under 21.
After the raising of the age of consent to 14, the laws against "seducing" minor girls were amended to apply to those older than 14, and various laws of this kind have remained in force through the 20th century.
Both partners must be of legal age to give consent, although exceptions to the age of consent law exist in some jurisdictions when the minor and his or her partner are within a certain number of years in age or when a minor is married to his/her partner.