SELECTED CASE LAW
ONTARIO:
In 2017 ONCJ 127, Mr. M, a 20-year-old man, was charged with sexual assault, sexual interference and sexual touching.
Mr. M met Ms. C through friends and knew she was in high school. Most of the people in that group of friends were between 17 and 20 years old.
The two began a sexual relationship when Ms. C was 14 years old, but Mr. M claimed to think she was 17 years old. He said he never asked her how old she and that Ms. C told his mother she was 17 years old, which the mother confirmed at trial. Ms. C was unsure if she had told him her age. They had messaged each other on Facebook and her profile said she was older than she was.
The Court held that Mr. M had taken all the reasonable steps to ascertain her age and acquit-ted him of all the charges.
Criminal Offence(s): Sexual Assault