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Posted by / 22-Mar-2016 01:09

For example, consensual sexual activity between two 15-year-olds or between two 13-year-olds is not reportable, where as the same activity with "consent" between a 13-year-old and a 15-year-old is reportable.

This section will go further into why that is below in discussing some of the complexities that occur when dealing with minors' consent.. Regardless of the ages involved, where the activity is non-consensual or bears other factors indicating abuse, discretion is removed from the analysis, and a report must be made.

The CANRA provisions “contemplate criminal acts of child abuse causing trauma to the victim; they do not contemplate the voluntary sexual associations between young children . would have tremendously adverse consequences, discouraging them from seeking medical care, education, contraception, treatment for [sexually transmitted diseases], and would have deleterious effects on the health of their infants and sexual partners." (reporting law "is to allow the trained professional to determine an abusive from a nonabusive situation.

Instead of a blanket reporting requirement of all activity of those under a certain age, the professional can make a judgment whether a minor is having voluntary relations or is being sexually abused.

For example, a Mental Health Professional may have the opinion that due to the minor's lack of maturity or understanding, consent was not present; or consent was obtained by intimidation; or other environmental factors suggest the encounter was something other than a consensual act between "sexually mature" boyfriends and/or girlfriends, or merely inquisitive exploration between children.

As interpreted by the courts, CANRA "exempts from reporting as 'child abuse' the voluntary sexual conduct of sexually mature boyfriends and girlfriends and the conduct of younger children of similar ages who voluntarily play doctor or otherwise engage in sexual experimentation." (Because the law is unable to evaluate whether a minor's consent is of the minor's knowing free and uncoerced will other than by making sweeping generalizations, and to protect the natural inquisitiveness of children and the consenting expression of love between sexually mature minors, courts rely on the clinical judgment of the trained professional.

There’s no set age to be ready for sex so the law has to generalise.

It’s important to know the age of consent where you live and how it applies to you.

Mental Health Professionals may have difficulty knowing when a report is required, and when one is not.Disparate age is not defined for minors under the age of 14.Even when a report is not automatically required, the Mental Health Professional must use his or her professional clinical judgment, and report the conduct where circumstances, experience, education and clinical judgment suggest that consent was not present.The following two charts summarize when certain consensual sexual conduct without other evidence of abuse is reportable and when it is not.Sexual conduct involving a minor where there are additional facts suggesting abuse is always reportable.

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