Criminal Code of Canada - section 212(4) - Offence prostitution of person under eighteen

section 212(4)

INTRODUCTION AND BRIEF DESCRIPTION

It is illegal to obtain or communicate for the purpose of obtaining the sexual services of someone under 18 years old for payment or compensation.

SECTION WORDING

212(4) Every person who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of six months.

EXPLANATION

Section 212(4) of the Canadian Criminal Code criminalizes the act of obtaining or communicating with anyone for the purpose of obtaining sexual services from a person under the age of eighteen years in exchange for anything of value or consideration. This provision is meant to protect vulnerable children and youth from sexual exploitation by adults who seek to exploit their vulnerability and power imbalance. The offence is considered an indictable offence, which means it is a serious offence that carries significant penalties. A person convicted of this offence could face a prison sentence of up to five years and a minimum punishment of imprisonment for at least six months. Section 212(4) is part of a broader framework of criminal laws aimed at combating all forms of sexual exploitation and abuse, including child pornography, luring, and human trafficking. It reflects Canada's commitment to protecting the rights of children and youth and ensuring their safety and well-being. It is important to note that Section 212(4) only applies when the sexual services sought or obtained are from a person under the age of eighteen years. The law recognizes that individuals under the age of eighteen are in a vulnerable position and are not capable of providing informed consent to sexual acts. Therefore, any sexual activity with a person in this age bracket is deemed illegal and will be punished under the Criminal Code of Canada. Ultimately, Section 212(4) plays a critical role in protecting vulnerable children and youth from sexual exploitation and ensuring that those who engage in such practices are held accountable for their actions.

COMMENTARY

Section 212(4) of the Criminal Code of Canada is an important provision that criminalizes the act of obtaining or communicating for the purpose of obtaining, sexual services from a person who is under the age of eighteen years. This provision is in line with Canada's commitment to protecting children from exploitation and abuse. The section recognizes that children are vulnerable, and they need to be protected from activities that are harmful to their physical, emotional, and mental well-being. The section explicitly states that any individual who obtains sexual services from a person who is under eighteen years old is guilty of an indictable offense, and on conviction, liable to imprisonment for a term not exceeding five years, and a minimum punishment of imprisonment for a term of six months. The punishment attached to this offense is appropriate and necessary. It serves as a deterrent to those who would want to engage in such activities and a strong message that such behavior will not be tolerated in Canada. The section includes "communicating with anyone for the purpose of obtaining for consideration," which expands the definition of the offense beyond just the act of obtaining sexual services. This provision recognizes that sexual exploitation of children is not just limited to physical contact, but also includes communication, and the use of technology, such as social media, to solicit sexual services from children. This provision is crucial as it brings the law up-to-date to reflect the changing nature of technology and the ways in which predators use it to exploit children. The age of consent in Canada is sixteen, but this does not mean that people can engage in sexual activities with minors. The law recognizes that adolescents under the age of eighteen are not capable of making informed decisions about sexual behaviors and cannot consent to sexual activities. Children under the age of eighteen are vulnerable, and sexual predators take advantage of this vulnerability to exploit them. The law, therefore, seeks to protect children from such exploitation and abuse by criminalizing the act of obtaining sexual services from minors. Section 212(4) recognizes that the exploitation of children for sexual purposes is a serious offense that warrants significant punishment. The minimum six-month sentence is appropriate as it sends a clear message that this type of behavior will not be tolerated. Sexual exploitation of children is not a victimless crime, and the harm caused can be severe and long-lasting. This provision is an essential tool in tackling this problem and protecting children from harm. In conclusion, Section 212(4) of the Criminal Code of Canada is a crucial provision that seeks to protect children from sexual exploitation and abuse. It recognizes the severity of the offense and the harm it causes to minors. The provision is crucial in safeguarding the welfare and well-being of children and reflects Canada's commitment to ensuring that children are protected from harm and exploitation. The minimum punishment attached to the offense sends a strong message to potential predators and serves as a deterrent to those who may want to engage in such activities.

STRATEGY

Section 212(4) of the Criminal Code of Canada deals with the offence of obtaining sexual services from a person who is under the age of eighteen years. This offence is often referred to as child prostitution". The minimum punishment for this offence is six months imprisonment, and the maximum punishment is five years of imprisonment. As such, this offence is taken very seriously by the Canadian criminal justice system. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that should be taken into account. These strategic considerations include: 1. Evidence To obtain a conviction for an offence under section 212(4), the Crown must prove beyond a reasonable doubt that the accused obtained sexual services from a person under the age of eighteen years. As such, the Crown must present evidence that clearly establishes the age of the victim and the fact that sexual services were provided to the accused. 2. Defences There are several defences that can be raised in response to an accusation of obtaining sexual services from a person under the age of eighteen years. These defences include mistake of fact, duress, and entrapment. Depending on the circumstances of the case, these defences may be successful in reducing or eliminating the accused's liability. 3. Sentencing If the accused is found guilty of an offence under section 212(4), the court must determine an appropriate sentence. The court will consider factors such as the age of the victim, the nature of the sexual services provided, and the accused's level of culpability. The court may also consider the impact of the offence on the victim and the broader community. With these strategic considerations in mind, there are several strategies that could be employed in response to an accusation of obtaining sexual services from a person under the age of eighteen years. These strategies include: 1. Challenging the evidence If the Crown's evidence is weak or unreliable, the defence may be able to challenge the evidence and establish reasonable doubt. This could involve challenging the reliability of witness testimony, challenging the accuracy of forensic evidence, or presenting alternative explanations for the accused's actions. 2. Raising a defence If the defence has a valid defence such as mistake of fact, duress, or entrapment, they may be able to reduce the accused's liability or eliminate it altogether. This would involve presenting evidence to support the defence and arguing that the accused should be acquitted. 3. Mitigating the sentence If the accused is found guilty, the defence may be able to mitigate the sentence by presenting evidence of the accused's remorse, rehabilitation potential, or other factors that should be considered in determining an appropriate sentence. This could help to reduce the length of the imprisonment term or avoid a mandatory minimum sentence. Overall, when dealing with section 212(4) of the Criminal Code of Canada, it is important to carefully consider the evidence, potential defences, and factors that may influence sentencing. By strategically addressing these issues, the accused can work towards the best possible outcome in their case.