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Her parents are divorced and she has just recently moved to live with her father.The Criminal Code of Canada sets the age of consent for non-exploitive sexual activity at 16 years.A 14-year-old school girl requested a prescription for the birth control pill.She revealed that she was sexually active with several boyfriends who are not using condoms, and that her current boyfriend is 27 years old.For example, if a physician suspects that a youth is engaging in sexual activity with a person who is older than the exempted age difference, the physician may be required to report this information to a child protection agency, particularly where the child's parent is unwilling or unable to protect the child.A similar reporting duty may exist if the physician suspects a child under the age of 12 is engaged in any sexual activity.Because of the consequences of reporting or not reporting to a child protection agency, members should judiciously consider the specific requirements established under the relevant legislation.Members are encouraged to contact the CMPA for advice if they are uncertain of their reporting obligations arising from the age of consent for sexual activity.
Although the Criminal Code does not oblige a physician to report a sexual offence, physicians must consider whether they have such an obligation under their provincial/territorial legislation.
For this activity, the law permits the following: Children younger than 12 are judged incapable of consenting to any sexual activity with any person, regardless of the person's age.
All sexual activity without valid consent constitutes a sexual assault, regardless of age.
This would be considered a breach of confidentiality unless there was consent from the patient (mature minor) or the patient's legal guardian.
If the police contact the physician, information should be provided only with the consent of the patient or the patient's legal guardian, or with a court order.
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Based on the patient's behaviour, the physician believed his patient was being sexually abused, was in need of protection, and did not appear to have adequate parental supervision or support.