Criminal Code of Canada - section 150.1(4)

section 150.1(4)

INTRODUCTION AND BRIEF DESCRIPTION

A belief that the complainant was 16 years of age or older is not a defense for certain sexual offenses unless the accused took all reasonable steps to ascertain the complainants age.

SECTION WORDING

150.1(4) It is not a defence to a charge under section 151 or 152, subsection 160(3) or 173(2), or section 271, 272 or 273 that the accused believed that the complainant was 16 years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.

EXPLANATION

Section 150.1(4) of the Criminal Code of Canada specifies the conditions under which a defence might be used in sexual offence cases wherein the accused believed that the complainant was 16 years of age or older. In such cases, it is important to note that a defence cannot automatically be used just because the accused had a belief that the complainant was older than 16. The section elaborates on the requirement that the accused must take all reasonable steps to ascertain the age of the complainant. This implies that the defence must possess reasonable evidence or confirmation of the alleged victim's age. In other words, if the accused had taken all reasonable steps to determine the complainant's age and reasonably believed that they were 16 years or older, they can use this as a defence. The use of the defence is complex and requires careful consideration. The accused cannot just assume that the complainant is above the age of consent; they must investigate and verify these facts. Section 150.1(4) of the Criminal Code of Canada makes it clear that a "reasonable" belief in the victim's age is the necessary condition for defence. Overall, this section of the Criminal Code of Canada reinforces the need for safeguarding and protection of minors in a sexual context. It also stresses the responsibility of the accused to take decisive measures to confirm the age of the victim before proceeding with sexual activity.

COMMENTARY

Section 150.1(4) of the Criminal Code of Canada is a provision aimed at fighting against sexual offences committed against minors. It is an extremely important provision as it provides clarity on what is not a defense for sexual offences against minors. It states that an accused cannot argue that they believed the victim was of legal age to engage in sexual acts and, therefore, cannot be held criminally liable. Unless the accused took all the reasonable steps to ascertain the age of the complainant, it cannot be a defense. This provision is intended to ensure that perpetrators are held accountable for their actions, even in cases where they claim ignorance or mistake about the age of their victim. In cases of sexual offences committed against minors, the victim's age is a critical factor in determining the severity of the offence and the appropriate punishment for the offender. The provision serves to deter potential offenders from engaging in such acts by setting a standard of due diligence in establishing the age of the victim. The purpose of this provision is also to protect children and other vulnerable individuals from predators and abusers by ensuring that the courts assess the risk to society posed by the accused. This provision also acknowledges the fact that children are vulnerable and that adults must take extra precautions to ensure that they are not exploited or abused. When an accused fails to take reasonable steps in ascertaining the age of the victim, it shows that they acted recklessly and must bear the consequences for their actions. In practice, this provision is relatively straightforward, as courts have outlined that what constitutes 'reasonable steps' may vary from case to case. The decision is based on the facts of the case, the age range of the accused, the setting of the encounter, and the knowledge or experience of the accused. Reasonable steps may include asking for identification, seeking age verification, or conducting inquiries about the complainant's age. One of the challenges faced in enforcing this provision is the difficulty in proving that the accused did not take reasonable steps, especially in situations where the victim lied about their age, or where the accused was misled through no fault of their own. In such cases, the courts have to assess the individual circumstances to determine whether the accused acted reasonably or not. In conclusion, Section 150.1(4) of the Criminal Code of Canada is a crucial provision that recognizes the importance of protecting minors and other vulnerable groups from sexual abuse and exploitation. It sets a standard for due diligence in establishing the age of the victim and removes the defense of ignorance in such offenses. The provision serves as a warning to potential offenders that they must exercise caution and take reasonable steps before engaging in sexual acts, or face severe consequences for their actions.

STRATEGY

Section 150.1(4) of the Criminal Code of Canada is an important provision, which restricts the defence of accused persons in certain sexual assault cases. Essentially, the provision states that an accused person cannot avoid criminal responsibility by arguing that they believed the complainant was above the age of consent, unless they took all reasonable steps to verify the complainant's age. As such, defendants in these cases must consider several strategic considerations to navigate the legal system effectively. One such strategic consideration is the importance of early consultation with a criminal defence lawyer. When accused of a sexual offence under this provision, defendants should seek legal guidance immediately. The accused's lawyer can provide legal advice regarding the implications of the provision, and the possible defences available in each particular case. Defendants must also be truthful about their intentions, actions, and reasons behind their belief that the complainant was above the age of consent. This denotes the need for a trustworthy criminal defence lawyer with a thorough understanding of criminal laws and procedures. Another essential strategic consideration is for defendants to be prepared and to gather all the evidence possible to support their case. Defendants charged under these provisions must take all reasonable steps to verify the age of the complainant. Therefore, if there are any pieces of evidence available that can support the defence, they should be gathered as early as possible. Examples include text messages, social media messages, and photographs that they may use to prove that they asked the complainant's age, and she lied about it. Additionally, the accused should prepare for a trial by paying attention to detail and being cognizant of the evidentiary requirements in sexual assault cases. In such cases, consent is the key issue, making it crucial to establish the complainant's willingness or any evidence pointing to a lie. Defendants must also focus on the provision, which requires accused persons to take reasonable steps to ascertain the complainant's age. If the defendant can prove that they made reasonable efforts to verify the complainant's age and that they were misled, the court may consider this as an acceptable defence. Besides, defendants may also employ a few other strategies as appropriate, such as challenging the admission of certain pieces of evidence, cross-examination of prosecution witnesses, and exposing inconsistencies in the evidence provided by the prosecution. These strategies are expected to weaken the prosecution's case and create reasonable doubt in the minds of the judge and jury. In conclusion, defendants charged with sexual offences in which age forms a crucial aspect of the charge must be cautious and consult an experienced criminal defence lawyer as early as possible. They must be truthful and take all steps to gather evidence to support their case thoroughly. As the Criminal Code provision sets out a higher standard for the defence, those accused of such crimes must ensure that they gather and present all proof establishing that the accused took all reasonable steps to establish the purported victim's age at the time of the alleged crime. They must brainstorm numerous strategies to oppose legal action, ranging from challenging to admit certain evidentiary pieces, cross-examination, and exposing inconsistencies in evidence. With careful attention to detail and strategizing efforts, the accused can stand a better chance of receiving an appropriate sentence.