Canadian Criminal Law/Offences/Sexual Exploitation

Proving the Offence
Sexual Exploitation In addition to the essential elements of time, location, and identity, the prosecution should prove:
 * 1) the complainant was a young person (between 16 and 17 years old)
 * 2) the accused was in a position of trust or authority with respect to the complainant, the complainant was dependant upon the accused, or the complainant was in an exploitive relationship
 * 3) the accused touched a party of the complainant's body
 * 4) the touching was direct (with the body of the accused) or indirectly ( with an object)
 * 5) the touching was for a sexual purpose

"Young Person"
Under s. 153(2), "young person" for this offence means "a person 16 years of age or more but under the age of eighteen years."

Position of Trust or Authority
Where the accused runs the operation that employs the complainant and is physically larger than the complainant is not sufficient on its own to establish a position of trust or authority over the complainant.

A teacher will be in a position of trust absent exceptional circumstances.

Sexual Exploitation
The meaning of "exploitive relationship" is largely determined by the scope of the other types of relationships set for in ss. (1.2). (R. v. Anderson, 2009 PECA 4 at 67)

Of some use is the definition of "exploitive" from Black’s Law Dictionary 8th ed. which defines it as "the act of taking unfair advantage of another for one’s own benefit."

Included Offences
Sexual assault is not an included offence. Exploitation is a specific intent offence and involves more subjective proof than sexual assault.

History
In 2005, "An Act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act, S.C. 2005, c. 32" amended 153(1) and added 153(1.1) and (1.2). It came into force November 1, 2005.

In 2008, "Tackling Violent Crime Act, S.C. 2008, c. 6" added s. 153(2). It came into force May 1, 2008.