Criminal Code of Canada - section 153(1.2) - Inference of Sexual Exploitation

section 153(1.2)

INTRODUCTION AND BRIEF DESCRIPTION

A judge may infer an exploitative relationship based on the age, age difference, relationship evolution, and degree of control/influence the person has over a young person.

SECTION WORDING

153(1.2) A judge may infer that a person is in a relationship with a young person that is exploitative of the young person from the nature and circumstances of the relationship, including (a) the age of the young person; (b) the age difference between the person and the young person; (c) the evolution of the relationship; and (d) the degree of control or influence by the person over the young person.

EXPLANATION

Section 153(1.2) of the Criminal Code of Canada is a provision that allows a judge to infer that a person is involved in a relationship with a young person that is exploitative of the young person. In simple terms, the section sets out certain factors that a judge can consider in determining whether a particular relationship is exploitative of a young person. The factors that a judge can consider under this section include the age of the young person, the age difference between the person and the young person, the evolution of the relationship, and the degree of control or influence that the person has over the young person. A judge can use these factors to draw an inference that the person is in a relationship with a young person that is exploitative of the young person. The purpose of this section is to help protect young people from exploitation. It recognizes that young people are vulnerable and may not be able to recognize or understand when they are being exploited or taken advantage of. By allowing a judge to draw an inference that a relationship is exploitative, the section allows the courts to take action to protect young people from harm. Overall, section 153(1.2) of the Criminal Code of Canada is an important provision for protecting young people from exploitation. It sets out clear factors that a judge can consider in determining whether a relationship is exploitative and allows the courts to take action to prevent harm to vulnerable young people.

COMMENTARY

Section 153(1.2) of the Criminal Code of Canada is a critical law that allows judges to make reasonable inferences about exploitative relationships between adults and young persons. The provision outlines four key elements that allow judges to infer whether someone is in a relationship that is exploitative of a young person. The first element is the age of the young person. Typically, the law considers young persons as those under the age of 18. Therefore, if a person is in a relationship with someone under the age of 18, the judge may infer that the relationship is exploitative of the young person. The second element is the age difference between the person and the young person. The larger the age difference, the easier it is for the judge to infer that the relationship is exploitative. This element recognizes that a power imbalance may exist in relationships between younger and older individuals. The third element is the evolution of the relationship. By looking at how the relationship has developed over time, the judge may be able to determine whether the relationship is exploitative or not. This element also allows the judge to consider how the relationship began and whether there were any red flags at the outset. Finally, the fourth element is the degree of control or influence the person has over the young person. This element recognizes that the ability to manipulate or coerce a young person into a relationship is a key indicator of exploitative behavior. Taken together, these four elements allow judges to make reasonable inferences about whether a relationship is exploitative of a young person. This law is critical in protecting vulnerable young persons who may be at risk of being taken advantage of by older individuals. Furthermore, the law serves as a deterrent to those who may be considering entering into a relationship with a young person. The threat of being charged with exploitative behavior may discourage individuals from engaging in inappropriate behavior with young persons. However, it's important to recognize that this law must be applied carefully. Judges must be careful not to make unwarranted inferences about relationships that may not necessarily be exploitative. For example, two individuals who are both under the age of 18 and in a consensual relationship should not be subject to judicial scrutiny under this law. Overall, section 153(1.2) of the Criminal Code of Canada is a crucial provision that helps to protect vulnerable young persons from exploitation. By allowing judges to make reasonable inferences about relationships, the law provides an additional tool for prosecuting individuals who engage in exploitative behavior.

STRATEGY

Section 153(1.2) of the Criminal Code of Canada is an important provision that allows judges to infer that a person is in a relationship with a young person that is exploitative of the young person based on the nature and circumstances of the relationship. However, this provision also poses some strategic considerations for legal practitioners, prosecutors, and judges when dealing with cases that involve exploitation of young persons. One of the most important strategic considerations is the need to gather sufficient evidence to support an inference under section 153(1.2). The nature and circumstances of the relationship between the accused and the young person must be established beyond a reasonable doubt to establish the existence of an exploitative relationship. This may require collecting evidence from multiple sources, such as the young person, their family members, witnesses, and electronic devices, to provide a full picture of the nature of the relationship. Another strategic consideration is the need to assess the credibility of the young person. In cases involving exploitation of young persons, their testimony may be the primary evidence. However, the young person may be susceptible to influence from the accused, pressure from family members, or may not fully understand the nature of the relationship. Therefore, advocates must carefully evaluate the credibility of the young person and assess their understanding of the relationship. A third strategic consideration is the importance of considering the extent to which the relationship can be characterized as exploitative. The factors outlined in section 153(1.2) can provide insight into the nature of the relationship and whether it is exploitative of the young person. However, advocates must consider other aspects of the relationship, such as the emotional and psychological impact of the relationship on the young person, any power imbalances, and any acts of coercion. To effectively deal with cases involving section 153(1.2) of the Criminal Code of Canada, several strategies can be employed. These strategies include: 1. Conducting thorough investigations: Advocates must gather all relevant evidence from multiple sources to provide a full picture of the nature of the relationship. 2. Ensuring the young person's safety: Advocates must ensure the young person's safety, security, and privacy throughout the investigation and trial. 3. Seeking legal expertise: Given the complexity of cases involving exploitation of young persons, advocates must seek legal expertise to navigate the legal system and ensure that the young person's interests are protected. 4. Considering the young person's needs: Advocates must take into account the young person's emotional, psychological, and physical needs when pursuing legal action. They should work closely with victim services to ensure that the young person receives appropriate support. 5. Preparing for trial: Advocates must carefully prepare for trial, anticipating the arguments that may be made by the defence, and ensuring that the young person is prepared to testify. Overall, section 153(1.2) of the Criminal Code of Canada provides a powerful tool for addressing exploitation of young persons. However, advocates must carefully navigate the strategic considerations involved to ensure that justice is served and the young person's interests are protected. By employing the right strategies, advocates can ensure that the young person receives the support and justice they deserve.