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submitted 1 year ago by grte@lemmy.ca to c/canada@lemmy.ca
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[-] bigkix@lemm.ee 12 points 1 year ago

So, basically he is being criminally charged despite no longer being her teacher and while age of consent in Canada is 16 (unless older person is in position of power)? Disguisting as it is, why is he being criminally charged? This case has no legs, right?

[-] StillPaisleyCat@startrek.website 39 points 1 year ago

There are exceptions. Someone who was up until recently a teacher may fall into the category of being in a position of trust or authority towards the minor. Without knowing the legal precedents, it’s hard to know how much of an edge case this is.

From the JusticeThe following factors may be taken into account when determining whether a relationship is exploitative of the young person:

From the* Justice Canada webpage on Age of Consent*

Sexual exploitation A 16 or 17 year old cannot consent to sexual activity if:

  • their sexual partner is in position of trust or authority towards them, for example their teacher or coach
  • the young person is dependent on their sexual partner, for example for care or support the relationship between the young person and their sexual partner is exploitative

The following factors may be taken into account when determining whether a relationship is exploitative of the young person:

  • the young person's age
  • the age difference between the young person and their partner
  • how the relationship developed (for example, quickly, secretly, or over the internet)
  • whether the partner may have controlled or influenced the young person
[-] m0darn@lemmy.ca 9 points 1 year ago

To me it's the fact that he abused his position of trust to initiate a private relationship that makes me feel that a crime may have been committed. (Due to compromised consent).

Also there may be an argument to be made that a highschool teacher remains in a position of authority while a former student completes post secondary education. As the former student is likely to perceive that a former teacher has potential influence over scholarships/bursaries or want to use them as a positive reference for a summer internship after their first year or something.

[-] blindsight@beehaw.org 3 points 1 year ago

Rule of thumb is 1 year separation from the position of authority. At least, that's what's in the training from the Occupational Therapy regulatory body.

[-] m0darn@lemmy.ca 3 points 1 year ago

Yeah makes sense with my second point

this post was submitted on 31 Aug 2023
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