What is it.
This study examined Canadian court decisions from judges in 510 cases of sexual abuse against female youth. The authors wanted to understand sexual abuse cases in court where the victim was legally able to provide consent. In Canada, the legal age of consent is 16 years, however youth as young as 12 can consent to sexual activity if there is no relationship of authority, trust, or exploitation and the person is close in age. The authors examined victim, accused, and abuse characteristics, and court outcomes. The study findings indicate that sexual assault cases against female youth seen through court are most often cases where consent cannot legally be provided. This includes large age gaps between the accused and victim, accused in positions of trust and authority (e.g., family members), and altered mental status including intoxication and sleeping.
How can it help me?
This study illustrated patterns in court cases of sexual assault cases against female youth. The authors determined that cases that receive court decisions do not reflect situations where a victim could legally consent. From emerging CYAC data, we know that the proportion of sexual abuse reports against peers increase in youth, while sexual abuse from family members decreases. We have heard from investigators that it can be challenging to build evidence for these cases when the victim can legally provide consent. For CYACs, we need to know more about how the legal age of consent impacts different stages of the investigative process. For example, establishing evidence to lay charges, decisions to proceed to prosecution, and use of alternative justice process (e.g., restorative justice).