---------------------------------------
Age of Sexual Consent Law in Canada: Population-Based Evidence for Law and Policy | Bonnie B. Miller, B.A.(Hons.)1,2, David N. Cox, PhD1, and Elizabeth M. Saewyc, PhD, RN2,3
Abstract
This study evaluated the implications of the 2008 increase in age for sexual consent in Canada using a population health survey of Canadian adolescents. Government rationales for the increase asserted younger adolescents were more likely to experience sexual exploitation and engage in risky sexual behaviour than adolescents 16 and older. Using data from sexually experienced adolescents in the 2008 British Columbia Adolescent Health Survey (BC AHS, N=6,262; age range 12 – 19; 52% female), analyses documented the scope of first intercourse partners who were not within the ‘close in age’ exemptions, then compared sexual behaviours of younger teens (14 and 15 years) with older teens (16 and 17) navigating their first year of sexual activity. Comparisons included: forced sex, sex under the influence of alcohol or drugs, multiple partners, condom use, effective contraception use, self-reported sexually transmitted infections, and pregnancy involvement. Results showed very few 14- and 15-year-olds had first intercourse partners who were not within the ‘close in age’ exemptions based on age (boys: <2%, girls: 3– 5%). In contrast, among 12- and 13-year-olds (a group unaffected by the law’s change) between 25% and 50% had first intercourse partners who were not within the ‘close in age’ exemptions, and almost 40% of teens who first had sex before age 12 reported a first partner age 20 years or more. In their first year of intercourse, 14- and 15-year-olds were slightly more likely to report forced sex and 3 or more partners than older teens, but otherwise made similarly healthy decisions. This study demonstrates the feasibility of evaluating policy using population health data and shows that better strategies are needed to protect children 13 and under from sexual abuse.
-----------------------------------------------
Relevant excerpts:
On offender characteristics:Number of sexual partners—The large majority of adolescent males and females had only one or two sexual partners in the past year. However, for both males and females, younger adolescents were significantly more likely to have had three or more sexual partners in the past year (17.9% males, 8.5% females) than older adolescents (8.6% males, 3.8% females).
As it was unclear whether the reason for younger teens’ greater number of partners could be due to their increased likelihood of forced intercourse, we re-ran analyses controlling for sexual abuse or forced intercourse. Among non-abused teens, younger males and females were still significantly more likely to have had multiple partners than their older peers (data not shown).
On STIs:Contrary to the rationale provided for Bill C-22, however, younger adolescents were more likely to be forced by another youth than by an adult.
Pregnancy:Sexually Transmitted Infections (STIs)—Very few adolescents of either gender or age category reported a health care provider told them they had a sexually transmitted infection within their first year of sexual intercourse. Younger males were statistically more likely to report an STI than older peers, but the rates were very low (2.5% vs. 0.2%) and the confidence intervals overlapped (Table 4). There was no statistical difference between older and younger females.
And:Pregnancy Involvement—Just 5% or fewer adolescents of either gender or age category within their first year of sexual intercourse were involved in pregnancy (Tables 4 and 5). However, younger adolescent females were slightly more likely to report a pregnancy than older females, although the 95% confidence intervals overlapped (Table 5).
Appeal to power imbalance fallacy aside, it does suggest that the cause of harm isn't necessarily intrinsic, since they attribute part of the harm on gender roles.The results also appear to suggest females had more negative outcomes than males, regardless of age. This is particularly apparent regarding forced sex. This may be due to the different sexual scripts for males and females. Sexual script theory describes how females are expected to be sexually naive and self-silence their sexual needs, rights, and values; whereas males are expected to be directive and assertive (Widman, Welsh, McNulty & Little, 2006). Thus, adolescent males may not recognize force when it occurs, believing the sexual script that “real men always want sex,” or that admitting to abuse or force by another male will stigmatize them as gay among their peers. They may feel shame because they were unable to protect themselves, as a “real man” is expected to do (Edinburgh, Saewyc & Levitt, 2006). Similarly, young females’ sexual decisions may be based more on self-esteem and belonging than on preventing negative sexual health outcomes. In addition, it is more normative for females to be younger than males in a romantic relationship (Manlove et al., 2005). This can be seen in the reported age discrepancy of partners in our study: female adolescents have higher rates of adult partners and males have slightly higher rates of inappropriately young partners. This age discrepancy may create a power differential, which may make communication in these relationships even more difficult. The differences between males and females we found in the results may be due to gendered social norms that place both male and female adolescents at a disadvantage, though from very different angles.
Big brain take away would've been that age of consent laws actually make it harder to come forward in cases of abuse or force because "you're not supposed to be having sex". As they admit, stuff that is already illegal (i.e., sex with those younger than 14) is actually showing the most negative outcomes:This study did find some support for the rationale that younger adolescents are at greater risk of exploitation than older teens. However, when considering the number of adolescents affected by this legislation, the change in age of consent may not have been necessary. This is because 14- and 15-year-olds were the primary targets of the law, yet this evidence showed adolescents under 13 years were at the greatest risk of sexual abuse or force, with more than half reporting partners who are too old, and almost half reporting their partner was more than 20 years old. Unfortunately, Bill C-22 did not offer changes in the law to further protect this vulnerable group of adolescents.
Share and discuss it, guys.Adolescents 13 years of age and younger were the most likely to have sexual partners outside of the legal age range, and the most vulnerable group was those who first had sex under 12 years of age, which has been illegal since 1892.
