A 13-year-old boy from British Columbia has been acquitted of sexually assaulting an 11-year-old girl after a meeting arranged through social media. The boy claimed he believed the girl was 12 years old at the time of the encounter.

The incident occurred after the two connected online and decided to meet in person. Following their meeting, both expressed affection for each other, saying "I love you." However, two days later, the girl accused the boy of sexual assault, a claim he denied.

The case has drawn attention to the complexities surrounding sexual consent laws in Canada, particularly regarding minors. The legal age of consent in Canada is 16, but there are exceptions for minors who are close in age. Specifically, 12 and 13-year-olds can consent to sexual activity with someone who is up to two years older. Children under 12 cannot consent at all.

During the trial, the boy argued that he believed the girl was older than 11. Judge Danny Sudeyko acknowledged that while the alleged non-consensual sexual contact may have occurred, the boy's testimony and supporting evidence created reasonable doubt about whether a sexual assault took place. The judge concluded that the prosecution did not prove the boy was aware of the girl's age.

The two minors met in late April 2023 and attended different middle schools. They had kissed and described their relationship as "sort of dating" but not official. Their first encounter took place in a public area, where much of their interaction was captured on CCTV.

In the court's ruling, it was noted that during their initial meeting, the boy kissed and embraced the girl, and also touched her inappropriately. The video evidence showed the girl noticing the camera, which led to some embarrassment for both.

A subsequent encounter occurred in a stairwell, where the girl alleged that the boy exposed himself and engaged in further inappropriate conduct. The boy maintained that all contact was consensual.

After the encounter, the girl discussed the incident with her friends, who suggested that the boy was unfaithful. Following this, she confided in her grandmother, who took her to the police.

The judge pointed out that the police did not adequately consider the girl's age during their investigation, focusing instead on whether she had given subjective consent. The prosecution argued that the boy should have taken reasonable steps to verify the girl's age, but the judge found that the boy genuinely believed she was older than 11.

Ultimately, the judge ruled that the law was designed to prevent sexual activity with someone the accused knew or believed to be under 12. Since the boy believed the girl was at least 12, the close-in-age exception applied, leading to his acquittal.

This case highlights the ongoing discussions about sexual consent laws and the challenges faced by minors in navigating these complex issues.