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97 Can. B. Rev. 1 (2019)

handle is hein.journals/canbarev97 and id is 1 raw text is: VoL. 97 2019 No. 1 CONFRONTING THE SEXUAL ASSAULT OF TEENAGE GIRLS: THE MISTAKE OF AGE DEFENCE IN CANADIAN SEXUAL ASSAULT LAW Isabel Grant and Janine Benedet* Teenage girls experience high rates of sexual assault. The Criminal Code permits the Crown to substitute proof of young age for proof of non-consent for sexual assault and related offences applicable to young complainants. This paper focuses on the defence of mistaken belief in age. It provides a defence where the accused honestly believed that the complainant was at or above the age of consent and where the accused took all reasonable steps to ascertain her age. A review of the cases considering the defence indicates that it is often applied incorrectly, where the accused does not have any belief as to the complainant's age, or where he has not taken any steps to ascertain her age beyond a visual observation. These cases are vulnerable to stereotypical reasoning that girls are old enough based on appearance, dress, alcohol consumption and prior sexual experience. Even in cases where the accused has little reliable information about the complainant, he may be entitled to proceed with the information available at the time, rather than being required to refrain from sexual activity. The paper argues for a reconsideration of how the defence is applied to bring it more in line with other developments in sexual assault law. Les adolescentes sont tr&s nombreuses tre victimes d'agressions sexuelles. En cas d'agression sexuelle et d'infractions connexes concernant de jeunes plaignantes, le Code criminel autorise la Couronne remplacer la preuve de I Professors of Law, Allard School of Law, University of British Columbia. This paper benefited from the diligent research assistance of JD students Hannah Roche and Allison Sharkey and from funding from the Law Foundation of British Columbia and the Social Sciences and Humanities Research Council. THE CANADIAN BAR REVIEW LA REVUE DU BARREAU CANADIEN

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