[OOC][PLOT] The Third Thread of Planning for Arc 1 - Arrivals

[robkelk]

Oh, is my face red... and not just because of the freezing wind the last couple of days. Canadian law and California/Texas laws have some important differences regarding age of consent.

In order to avoid misinterpertations of interpertations &c, I'm going straight to the source and consulting the Criminal Code of Canada, Section 150 ff. for this.

This whole discussion's going into a spoiler block, to avoid offending sensitive readers.

Spoiler

In general, the age of consent in Canada is 16 by federal law. Criminal Code of Canada, Section 151 However:

• A person in "a position of trust or authority towards a young person" cannot have sex with the young person if the young person is between 16 and 18 years old. Criminal Code of Canada, Sections 153 (1) and 153 (2)
  
• A 12-year-old can consent to sex with a 14-year-old, but not a 15-year-old, as long as older person "is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant.". Criminal Code of Canada, Section 150.1 (2)
  
• A 15-year-old can consent to sex with an 18-year-old or 19-year-old, but not a 20-year-old, as long as older person "is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant." Criminal Code of Canada, Section 150.1 (2.1)
  
• The age of consent for anal sex is 18. Criminal Code of Canada, Section 159 (1)
  
• Taking photos or creating images of anyone under 18 years old having sex is a crime. Criminal Code of Canada, Section 163.1 (1)
  
• Incest is illegal no matter what the participants' ages are. Criminal Code of Canada, Section 155 (1)
  

Penalties range from 90 days to 14 years in jail, depending on circumstances.


As to what this means for the stories:

• The Misaka Sisters aren't allowed to touch each other at all, that way. (Which hadn't been asked, but I thought I may as well include it anyway.)
  
• SI-Rob can't touch Mii or Ami until after their 18th birthdays. (That one I got right, but for the wrong reason.)
  
• Usagi and Mamoru, however, can enjoy each other's company all they want as long as (a) they avoid one particular act until she's 18, and (b) they keep it in private.
  
• Kuroko/Mikoto would be legal, amazingly enough... but only if Mikoto consented. Let's not mention this to Kuroko.
  

.

Luckily, few stories require revision... except that we could add a couple of lines to the Halloween Party thread if we really want to.

Spoiler

"You know, Mamoru, Usagi, you two could have just waited one day until you were in Canada and it's legal."
They looked at Rob in amazement. "Now you tell us!"

Actually, let's leave those lines out of the Halloween party story. I thinks it works better if criminology-major Mii corrects SI-Rob's misunderstanding of the law.

Speaking of which, I've updated Reach for the Moon.


Old text:

Rob smiled. "Actually, Mamoru and I had a long, serious talk about the local sexual interference laws. Until the day after Usagi's eighteenth birthday, she's off-limits. Which means he's sleeping alone and the two Usagis are sharing the other bedroom. I hope."

"So they're living right beside each other but they can't touch each other for three years?"

"That's what I told Mamoru, and I pointed out sections of the Criminal Code to back that up."

"You know he's going to be checking into case law and precedents that will let the two of them be close sooner."

Rob sighed. "I don't want to hear anything more about the two lovebirds in your old apartment. I came to find out how you're doing."

New text:

Rob smiled. "Actually, Mamoru and I had a long, serious talk about the local sexual interference laws. Until the day after Usagi's eighteenth birthday, she's off-limits. Which means he's sleeping alone and the two Usagis are sharing the other bedroom. I hope."

"What are you basing that on? The Criminal Code says 15-year-old Usagi can consent to sex with anyone up to five years older than she is, which includes 19-year-old Mamoru."

"You're sure?"

"Criminology major, remember? Your country's age of consent is otherwise 16, unless the older person is in a position of trust like 'foster father', in which case it's 18. I'm pretty sure Chibi-Usa has her own bedroom."

Rob sighed. "I don't want to hear anything more about the two lovebirds in your old apartment. I came to find out how you're doing."

old text:

Mii nodded. "I was going to let you know the difference between the girls and me by offering to do paizuri with you."

"Oh, boy. It's a good thing I locked the door; there's no way I would have been able to say no."

She smiled a more honest smile, then frowned. "I wish you hadn't locked your door. Now I've got these -" she moved her hands to her chest "- and who knows when I'll be healthy enough to make that offer again?"

Rob's gaze momentarily dropped to her hands, then quickly went right back to her face. "Would you please lower your top?" Mii did so. "Thank you. Mii, if you weren't too young, and I wasn't legally your foster father, my answer to the question you didn't just ask would be different. But we can't."

"Not until the day after my eighteenth birthday, and we get that fosterage cancelled."

Rob frowned. "I don't see how we could. The cancelling, I mean."

New text:

Mii nodded. "I was going to let you know the difference between the girls and me by offering to do paizuri with you."

"Oh, boy. It's a good thing I locked the door; there's no way I would have been able to say no. And I wasn't your foster father then."

She smiled a more honest smile, then frowned. "I wish you hadn't locked your door. Now I've got these -" she moved her hands to her chest "- and who knows when I'll be healthy enough to make that offer again?"

Rob's gaze momentarily dropped to her hands, then quickly went right back to her face. "Would you ''please'' lower your top?" Mii did so. "Thank you. Mii, if you weren't too young, and I wasn't legally your foster father, my answer to the question you didn't just ask would be different. But we can't."

"Not until the day after my eighteenth birthday, or we get that fosterage cancelled."

Rob frowned. "I don't see how we could. The cancelling, I mean."

old text:

Mii shook her head. "I think she might wipe her record while she was at it, and Ruiko's, too. Remember the second opening animation to 'A Certain Magical Index' where we see Kazari and Ruiko walking with the same guy and they didn't even notice Mikoto? Mikoto told me that was something that actually happened. And Ruiko knows what Kazari wears to bed. I think they might be willing to share a lover with each other."

"And you think the lover ... they'd ... the two of them ... with me?" Rob was flabbergasted.

'Oops,' she thought. 'Rob's gone bye-bye. What do I have left, Mii?' Then she grinned and pinched his arm.

New text:

Mii shook her head. "I think she might wipe her record while she was at it, and Ruiko's, too. Remember the second opening animation to 'A Certain Magical Index' where we see Kazari and Ruiko walking with the same guy and they didn't even notice Mikoto? Mikoto told me that was something that actually happened. And Ruiko knows what Kazari wears to bed. I think they might be willing to share a lover with each other."

"And you think the lover ... they'd ... the two of them ... with me? But ... too young ..." Rob was flabbergasted.

'Oops,' she thought. 'Rob's gone bye-bye. What do I have left, Mii?' Then she grinned and pinched his arm.

old text:

"Innocent? How many youma have you killed?"

"That isn't what I meant."

Mii smiled. "I know. We're still young, and they do things differently here than they do in Japan. There are laws about what they call 'sexual interference' - you could knock Rob out and have your way with him, and he'd be arrested because you haven't reached your sixteenth birthday yet."

"That doesn't make sense."

"Oh, you'd be arrested, too."

New text:

"Innocent? How many youma have you killed?"

"That isn't what I meant."

Mii smiled. "I know. We're still young, and they do things differently here than they do in Japan. There are laws about what they call 'sexual interference' - you could knock Rob out and have your way with him, and he'd be arrested because he's your foster father and you haven't reached your eighteenth birthday yet."

"That doesn't make sense."

"Oh, you'd be arrested, too."