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Invitation To
Sexual Touch
Invitation to Sexual Touch in Canada
Understanding the Law and the Role of a Criminal Defence Lawyer
Invitation to sexual touch is a serious criminal offence under the Criminal Code of Canada. This offence involves an adult encouraging, inviting, or inciting a person under the age of 16 to engage in sexual touching, regardless of whether the act actually takes place.
This charge is designed to protect children from sexual exploitation and abuse by criminalizing actions that could lead to harm or coercion. The law applies even if there is no physical contact, as the focus is on the intent and actions of the accused.
The relevant section of the Criminal Code is:
Section 152: Prohibits anyone from inviting, counselling, or inciting a person under 16 years old to touch, directly or indirectly, their body or the body of another person for a sexual purpose.
Common Scenarios Leading to Charges
Invitation to sexual touch charges can arise from various situations, including:
Online Communications: Messages, emails, or social media exchanges where an adult encourages a minor to engage in sexual activities.
Verbal Interactions: Direct or indirect verbal communication suggesting or inviting inappropriate touching.
Physical Contexts: Situations where non-verbal gestures or actions are interpreted as invitations for sexual activity.
Making Sense of the System
Investigative Methods Used by Police in Canada
Canadian law enforcement employs various methods to investigate allegations of invitation to sexual touch, including:
Undercover Operations: Officers may pose as minors in online settings to identify and apprehend offenders.
Digital Forensics: Police analyze digital devices, such as computers and phones, to recover evidence, including messages, images, and online activity.
Witness Statements: Testimonies from victims, parents, or other witnesses play a critical role in building cases.
Surveillance: Physical or electronic monitoring may be used to gather evidence against suspects.
Patmore.
Key Elements of the Offence
For the Crown to secure a conviction for invitation to sexual touch, it must prove beyond a reasonable doubt:
The Age of the Victim:
The individual involved must be under 16 years old.
Exceptions include close-in-age exemptions where the accused and complainant are close in age (e.g., a 14-year-old and a 15-year-old in a consensual relationship).
The Nature of the Invitation:
The accused must have encouraged or invited the minor to engage in sexual touching.
The invitation can be verbal, non-verbal, or implied through digital communications.
This includes subtle actions or statements interpreted in the context of the situation as sexual.
Sexual Purpose:
The accused’s actions must be motivated by a sexual purpose.
Courts often assess the context, words, and conduct of the accused to determine intent.
Intent:
The accused must have intentionally extended the invitation.
This excludes actions that were accidental or misinterpreted without intent.
Voluntariness:
The invitation must be made voluntarily, not under duress or coercion directed at the accused. However, the focus remains on protecting the child.
Penalties for Invitation to Sexual Touch.
Imprisonment:
Indictable offences carry a maximum sentence of 14 years.
Summary conviction offences carry a maximum penalty of 2 years less a day.
Mandatory minimum sentences apply in many cases, reflecting the seriousness of the crime.
Sex Offender Registration:
Convicted individuals must register under the Sex Offender Information Registration Act (SOIRA).
Restrictive Conditions:
Prohibitions on contact with minors, restrictions on internet usage, and bans on entering specific public spaces such as schools or playgrounds.
Additional Consequences:
Long-term effects on reputation, employment opportunities, and personal relationships.
The penalties for Invitation to Sexual Touching in Canada are severe and often include:
Defence
Strategies
Defending against invitation to sexual touch charges requires a comprehensive approach.
Potential defences include:
Mistaken Identity:
Arguing that another individual was responsible for the actions or communications in question.
Lack of Intent:
Demonstrating that the accused’s actions or statements were not intended as an invitation for sexual activity.
Misinterpretation:
Highlighting ambiguity or alternative interpretations of the accused’s words or actions.
Entrapment:
Challenging the conduct of law enforcement in undercover operations that may have unfairly induced the accused to commit the offence.
Charter Violations:
Arguing that evidence was obtained unlawfully in violation of the Charter of Rights and Freedoms, leading to exclusion of that evidence.