*censored word* Offender from the United States wants to immigrate to Canada

[hydra]

Before jumping the gun and spouting hate, please read.

Around 2001 to 2002 when I was about 20 years old, I had girlfriend who unknowing to me, was under the legal age for my state. I was 20 or 21 back then, she lied about her age, saying she was 16, but she was really 14.

We had consensual *censored word* during our relationship, an ex boyfriend of hers reported it to the police. During the trial she explained that she willingly had *censored word* with me (which doesn't matter in my country, it breaks the law)

Since I live on the state line, I was charged in 2 states under different charges for the same girl.

That has been over 8 years ago, I'm required to still register as a low level *censored word* offender, I did no jail time for the incident.



Its my understanding that in Canada up until 2008 the legal age of consent was 14 years old, making what happened with me in the usa not against any laws in Canada during that time.

I am told that a IMM 5312 will need to be filed, listed here, http://www.cic.gc.ca/english/information/applications/guides/5312E.asp

But my question is, if what happened with me was not against any laws in Canada during that time , will they still reject me from coming to Canada?

Also , one would assume since the law changed from 14 to 16 in 2008, that canada did not go back and arrest everyone that had consensual *censored word* at 14 or 15 , correct? So with that being the case, they would also have no reason to apply current laws to my background , if they compared laws from their country to my issues, it would have been legal at that time?

So any info other than hate speech would be appreciated, thanks

 

[tgchi13]

I'm not jumping to any conclusion other that my own and I think you need to consider the following.

At no time in the past have I been aware that the age of consent was/has been/would be reduced to 14 (this opinion does not extent to HQ).

I do not believe that your offense would be 'deemed rehabilitated' until ten years after completion of sentence, be that no sentence, parole or public service.

That's my .02 cents, in Cdn dollars. Hope it helps and persons more knowledgeable than I reply. Good luck.

 

[hydra]

In Canada the legal age of consent was 14 years old until they raised in March of 2008, they changed it form 14 to 16 years old.

 

[tgchi13]

I'm not particularly knowledgeable in this area, but my understanding is that if your offense at the time would be compared to Canadian law at the time and if the age of consent was 14 at the time then yes, by Canadian standards you would have committed no crime.

You are likely in for a arduous and humiliating process, but ultimately you should not be denied. I, for one, admit that when I was 13 I told my 18 year old boyfriend I was older; the (potential) ramifications of that lie have only now - by your post - become clear to me. No wonder he was angry!

 

[hydra]

Sadly it has ruined my life here, I can't get hired for a job, I am an outcast. I now have a wife and I have a responsibility to support her, I just wish to live some place that will allow me to work and take care of my family

 

[tgchi13]

It has had a huge negative impact on your life, clearly, but it hasn't yet ruined your life. You have a life and you can build on that. be honest and let that carry you thorough. If you aren't a threat to society (per the below information) then don't let this destroy you life. Move on. Over come. I see you trying to do so, and I wish you the best of luck.

 

[whoopi83]

Just to clarify, the age of consent was never 14 years old period, it is a little more complex than that. The law (in 2008) changed to include:

1. Raising the age at which youths can consent to non-exploitative ***ual activity from 14 to 16 years of age;
2. Maintaining the existing age of protection of 18 years for exploitative ***ual activity (i.e. ***ual activity involving prostitution, po**ography, or a relationship of trust, authority or dependency or that is otherwise exploitative); and
3. Including a close-in-age exception which permits 14- and 15-year old youths to engage in consensual, non-exploitative ***ual activity with a partner who is less than five years older. Another exception will be available for marriages and for pre-existing common-law relationships.

Whilst it is not for me to judge what the circumstances were surrounding the OP predicament, the conviction he has may still be viewed as a criminal offence (see point 2).

 

[tgchi13]

Hi whoopi83

I agree and I'm not saying it's not a criminal offense. What I am saying is if it is deemed a criminal offense there are ways to overcome the inadmissibility. I wasn't giving legal advice, nor did I mean to imply that I was!

 

[whoopi83]

Hi whoopi83

I agree and I'm not saying it's not a criminal offense. What I am saying is if it is deemed a criminal offense there are ways to overcome the inadmissibility. I wasn't giving legal advice, nor did I mean to imply that I was!

Sorry, my post wasn't meant as a "dig" at you tgchi13.... :-[ Just trying to set the OP straight with it depends on what type of relationship etc. If it falls into point 2. it may cause way more trouble than he realises. The SO title won't leave him in the US.

 

[hydra]

Hi, thanks for the response but I dont really understand.

When I was 20 the girl I dated lied about her age, and was really 14 years old. We dated and had a normal consensual relationship (boyfriend and girlfriend) , nothing else was involved.

Of course this would have put me more than "5 years over" the age limit. =(