When offenders are caught buying sex from
children—relevant laws

In Manitoba, buying sex from children is considered child abuse. Offenders end up in the criminal justice system and unlike offenders who buy sex from adults, do not have access to John School (diversion program for offenders with no criminal history).

In addition to being charged with the Criminal Code offence of communicating for the purposes of prostitution, other evidence may to lead to charges of more serious criminal offences, such as the ones below:

• sexual interference (sec.151) if the incident involved an individual under 16 years of age
• invitation to sexual touching (sec.152) if the incident involved an individual under 16 years of age
• sexual exploitation (sec.153) if the incident involved an individual 16 or older but under 18
• sexual assault (sec. 271)
• sexual assault causing bodily harm or sexual assault with a weapon (sec.272)
• aggravated sexual assault (sec.273)
• parent of guardian procuring sexual activity (sec.170)
• procuring (sec. 212)

Arrested offenders may also face prosecution under provincial law. In Manitoba, The Child and Family Services Act defines abuse as an act or omission by any person which results in:

• physical injury to a child (a person under the age of 18 years)
• emotional disability of a permanent nature in a child (or is likely to result in such a disability)
• sexual exploitation of a child, with or without the child's consent

The current maximum penalty for such offences under The Child and Family Services Act is $50,000 or 24 months imprisonment or both. Crown attorneys (prosecutors) may oppose bail and seek a jail sentence. The judge makes the final decision on bail and the jail sentence.