Can you consent when you are drunk, high, or passed out?
That means anyone 16 years old or older can have sex with someone of any consenting age, but there are exceptions to this rule. People who are 16 still can’t consent to sexual things with someone who has power over them, like a teacher, boss, guardian, or coach. Only people 18 years old and older can consent to sex with someone who has power over them.
People who are under 16 can consent to sexual things with people who are close in age to them. The Canadian government has rules about what’s close in age:
| Age of younger partner | Age difference allowed |
|---|---|
| Under 12 years old | CANNOT consent to any sexual activities. |
| 12 or 13 years old | LESS THAN 2 years and only if the other person is NOT in a position of trust or authority over the youth (e.g., babysitter). |
| 14 or 15 years old | LESS THAN 5 years and only if the other person is NOT in a position of trust or authority over the youth (e.g., babysitter). |
