INTRODUCTION AND BRIEF DESCRIPTION
This section defines a young person as someone between 16 and 18 years old for the purposes of the law.
SECTION WORDING
153(2) In this section, "young person" means a person 16 years of age or more but under the age of eighteen years.
EXPLANATION
Section 153(2) of the Criminal Code of Canada serves to define a "young person" for the purposes of this section of the code. Under Canadian law, anyone who is 16 years or older but under the age of 18 is considered a "young person." This section of the Criminal Code addresses the issue of sexual exploitation. Specifically, it makes it a criminal offence to communicate with a young person for the purpose of engaging in a sexual activity, or to invite a young person to engage in sexual touching. These acts are considered forms of sexual exploitation because they take advantage of a young person's vulnerability and lack of experience. By including a definition of "young person" in this section of the Criminal Code, the law is able to clearly specify which individuals are protected under these provisions. This ensures that young people who are at risk of exploitation are able to seek justice and protection under the law. Overall, Section 153(2) serves an important role in the Criminal Code of Canada by providing a clear definition of a "young person" and helping to protect vulnerable individuals from acts of sexual exploitation.
COMMENTARY
Section 153(2) of the Criminal Code of Canada is an important provision that defines the term "young person" for the purposes of the section. The definition is significant because it affects the way criminal law applies to individuals who are between sixteen and eighteen years old. The section deals with offenses related to sexual exploitation, including specific provisions related to the sexual exploitation of young persons. It prohibits certain acts, including sexual touching, sexual interference, invitation to sexual touching, and sexual exploitation. Sexual exploitation is a broad term and can include several different forms of abusive behavior, such as prostitution, pornography, and grooming. The age range specified in this section is particularly important because it recognizes the vulnerability and susceptibility of young people to sexual exploitation. It also recognizes that individuals between sixteen and eighteen years old may be involved in sexual activities that are illegal or abusive, even if they appear to be consenting. The definition of "young person" in this section is crucial because it ensures that criminal law protections are applied to individuals who are still developing and may be less able to protect themselves from harm. It also reflects a societal recognition of the need to safeguard minors from sexual exploitation and abuse. In practice, this section will often be used to prosecute adults who engage in sexual activity, such as touching or intercourse, with a young person who is between sixteen and eighteen years old. The definition of "young person" ensures that even if the individual is above the age of sixteen, they are still protected by this section of the Criminal Code. Section 153(2) also serves as an important reminder that young people require special protection in the eyes of the law. The recognition that people under eighteen are not yet fully mature or able to make fully informed decisions regarding their sexual activity is an essential aspect of criminal law in Canada. The importance of section 153(2) is further underscored by the fact that sexual exploitation and abuse of minors is a significant problem in Canada and around the world. Children and young people are often vulnerable to sexual predators, and it is the responsibility of society and the law to protect them from harm. In conclusion, section 153(2) of the Criminal Code of Canada is an important provision that defines the term "young person" for the purposes of section 153. It recognizes the vulnerability and susceptibility of young people to sexual exploitation and the need to protect them from harm. This provision serves as a reminder that children and young people require special protection under the law and that society has a responsibility to safeguard their well-being.
STRATEGY
When dealing with section 153(2) of the Criminal Code of Canada, which pertains to sexual exploitation of young persons, there are several strategic considerations to keep in mind. Firstly, it is important to understand that this section applies to individuals who exploit those who are aged 16 or 17, but still under the age of 18. It is crucial to ensure that all actions taken are aligned with the objectives of this section, which are to protect young people from sexual exploitation, and to hold perpetrators accountable for their crimes. One strategy that can be employed when dealing with section 153(2) is prevention. Given that sexual exploitation often occurs due to power dynamics or unequal relationships, it is essential to implement strategies that help to prevent these dynamics from becoming a reality. This may include education programs that help young people understand their rights and how to assert them, as well as initiatives that empower them to be more vocal about their concerns. Similarly, prevention strategies may involve community engagement initiatives that work to tackle the root causes of sexual exploitation, such as poverty, mental health, or drug addiction. Another strategy that can be employed when dealing with section 153(2) is enforcement. Law enforcement agencies can play a key role in ensuring that perpetrators of sexual exploitation are held accountable for their actions. This may involve the use of undercover operations, online tracking, or other investigative techniques that help to identify and prosecute individuals who exploit young people. Moreover, it may also involve collaboration between different agencies, such as child protection services or social services, to ensure that young people who have been exploited are provided with the necessary support and resources. Lastly, when dealing with section 153(2), it is important to consider the broader social and cultural context in which this type of exploitation occurs. This may involve an examination of gender stereotypes, toxic masculinity, and societal attitudes towards sex and relationships. Addressing these underlying issues can be a complex and challenging task, but it is essential to create a society that is more equitable, respectful, and safe for all. This may involve advocacy initiatives, lobbying efforts, or public awareness campaigns that work to shift cultural norms and values. In conclusion, when dealing with section 153(2) of the Criminal Code of Canada, it is important to consider a range of strategic considerations. Prevention, enforcement, and social and cultural change are all important approaches that can be employed to reduce the incidence of sexual exploitation of young people. Ultimately, all actions taken must be guided by a deep commitment to protecting the rights and dignity of all individuals and ensuring that they are able to express their sexuality and pursue relationships free from coercion, abuse, or exploitation.