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The crimes and penalties may be harsher if the victim did not consent, if the victim was physically or mentally handicapped, or in other specific cases.- It is second degree rape (a felony, for which you can go to prison for up to 20 years) to have vaginal intercourse with someone under the age of 14, if you are at least 4 years older than the victim.There are some exceptions to the rules explained above.People under 16 are allowed to voluntarily have sexual contact with each other, as long as the following conditions are met: The law always takes into account consent for people 18 years old or older.The sentence imposed on such person shall not be reduced to less than 15 years, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release or furlough or receive any deduction from his sentence for good conduct until he shall have served 15 years of such sentence.For some sexual crimes, when the victim is under 16 years old, the law doesn't allow the accused to claim that the young person agreed to the sexual activity.

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For example, if a person is accused of sexual contact with or sexual assault of someone under 16, the person charged with the crime can't use the defence that the young person consented, even if the sexual activity was voluntary.

So, a person accused of a crime can raise as a defence the fact that his or her adult partner consented to the sexual activities. This article explains in a general way the law that applies in Quebec.

This article is not a legal opinion or legal advice.

Commission of indecent assault and battery on a child under the age of 14 during commission of certain offenses or by mandated reporters; penalties Whoever commits an indecent assault and battery on a child under the age of 14 and:(a) the indecent assault and battery was committed during the commission or attempted commission of the following offenses:-- (1) armed burglary as set forth in section 14 of chapter 266; (2) unarmed burglary as set forth in section 15 of said chapter 266; (3) breaking and entering as set forth in section 16 of said chapter 266; (4) entering without breaking as set forth in section 17 of said chapter 266; (5) breaking and entering into a dwelling house as set forth in section 18 of said chapter 266; (6) kidnapping as set forth in section 26 of chapter 265; (7) armed robbery as set forth in section 17 of said chapter 265; (8) unarmed robbery as set forth in section 19 of said chapter 265; (9) assault and battery with a dangerous weapon or assault with a dangerous weapon, as set forth in sections 15A and 15B of said chapter 265; (10) home invasion as set forth in section 18C of said chapter 265; or (11) posing or exhibiting child in state of nudity or sexual conduct as set forth in section 29A of chapter 272; or(b) at the time of commission of said indecent assault and battery, the defendant was a mandated reporter as is defined in section 21 of chapter 119, shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 10 years.

The sentence imposed on such person shall not be reduced to less than 10 years, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 10 years of such sentence.

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