Sexual Exploitation in Canada
Fighting for a Fair and Just Resolution.
Sexual
Exploitation
What Is Sexual Exploitation Under Canadian Law?
Sexual exploitation is a serious criminal offence under the Criminal Code of Canada. It applies to situations where an individual in a position of trust or authority engages in sexual activity with a young person under the age of 18. This offence is designed to protect vulnerable youth from being manipulated or coerced into inappropriate relationships by adults who have power over them.
The relevant sections of the Criminal Code include:
Section 153: Prohibits sexual exploitation of young persons by individuals in a position of trust or authority.
Section 153.1: Focuses on sexual exploitation of persons with disabilities.
These laws recognize the inherent power imbalance in certain relationships, such as between teachers and students, coaches and athletes, or caregivers and dependents, and impose harsh penalties for those found guilty.
Experienced Counsel In Sexual Offences Cases
Ryan Patmore has defended countless sexual assault allegations at all levels of court, from the most minor to the most serious. He has a keen understanding of the sliding scale of severity and the technical nature of these prosecutions, resulting in successful resolutions from outright acquittals to reducing the charges for many of his clients, whether before or after trial, allows Ryan’s clients to know their case is being handled with utmost care and proper scrutiny. These charges are severe regardless of the nature of the allegation, and tactical, informed decisions must be made from the earliest stage of the process, as they can have a lasting impact on your Defence if not approached meticulously and strategically from the earliest court appearances.
These cases can last for years in the Canadian court system, given the modes of trial and pre-trial hearings that may be required, reflecting the jeopardy at stake in these prosecutions. For instance, you are not automatically entitled to ask certain questions regarding an alleged victim’s history or sexual history, even if they may be relevant to you. Special pre-trial applications under the Criminal Code of Canada must be advanced, necessitating an intensive investigation of the facts and proper preparation to advance any possible Defence that may not be presumptively admissible. Many complex motions such as these must be considered in the early phases of the prosecution, and identifying whether they exist will be determined by the experience and knowledge of the lawyer you choose to hire. Please call our office today if you are accused of any Sexual Offences at 403-992-4184 or 403-909-4822.
Your Rights Are Our Priority
What Must The Crown Prove In
A Sexual Exploitation Case?
The Position of Trust or Authority: The accused had power or influence over the alleged victim.
The Young Person's Age: The victim was between 16 and 18 years old.
Sexual Activity: Any form of sexual interaction occurs, which can range from inappropriate touching to more serious acts.
Exploitation of Power: The accused used their position to exploit the young person for sexual purposes.A) What is an Assault?
In cases involving these charges, the Crown must provide compelling evidence of each of these elements beyond a reasonable doubt. This requires a detailed examination of the relationship dynamics, the alleged victim's age at the time, and the circumstances of the alleged sexual activity.
What Makes an Assault "Sexual in Nature"?
To determine if an assault is "sexual in nature," the judge will consider:
The part of the body that was touched.
The nature of the contact.
Any accompanying words, gestures, or threats.
The Accused’s intent or purpose, including whether there was any sexual gratification.
It’s important to note that proving sexual gratification is not necessary for establishing sexual assault. For example, intentionally kicking someone in the genitals can qualify as sexual assault even without sexual gratification on the part of the perpetrator. The accused’s intent is just one factor among many in determining if the conduct was sexually motivated.
Consenting to Sexual Activity
In many Sexual Assault cases, a central issue is whether one or both parties consented to the sexual activity in question. There are many factors at play in these complex and nuanced cases, where recollections, differing accounts, and the reliability/credibility of participants and/or witnesses become central issues when determining guilt or innocence. Hiring a lawyer experienced in defending these prosecutions is of utmost importance. Call Patmore Criminal Defence today: 403-992-4184.
Defining Consent for Sexual Activity
Consent is defined as the voluntary agreement between the parties to engage in sexual activity together before, and throughout the interaction. It can be expressed through words and/or actions.
Penalties for Sexual Exploitation in Canada
Sexual exploitation carries severe consequences, including:
Imprisonment: Sentences range from a minimum of one year to a maximum of 14 years, depending on the severity of the offence.
Registration as a Sex Offender: Convicted individuals are often required to register under the Sex Offender Information Registration Act (SOIRA).
Social and Professional Impact: A conviction can result in loss of employment, damage to reputation, and restrictions on future opportunities.
Defending Against Sexual Exploitation Charges
Being accused of sexual exploitation can be life-altering. It is essential to mount a robust defence with the help of an experienced criminal defence lawyer like Ryan Patmore. Key defence strategies may include:
Challenging the Evidence: Questioning the credibility of witnesses or the reliability of physical evidence.
Consent: Although the law presumes an imbalance of power, proving a lack of exploitation or undue influence can be critical.
Mistaken Identity: Demonstrating that the accused was not involved in the alleged acts.
Constitutional Violations: Ensuring the accused’s rights under the Charter of Rights and Freedoms were not infringed during the investigation or trial process.
Other Types of Sexual Offences
In addition to sexual assault, Canadian law outlines several other specific sexual offences, including sexual exploitation, sexual interference, invitation to sexual touching, voyeurism, child pornography, child luring, and indecent acts.
Sexual Exploitation.
Sexual exploitation (Criminal Code sections 153 and 153.1) involves using a position of trust or authority for sexual purposes with someone who cannot consent. This applies to individuals aged 16 or 17 if their partner is in a position of authority, like a teacher or coach. Courts evaluate the relationship's dynamics, including age difference, relationship development, and control exerted.
Sexual Interference.
Sexual interference, as defined in section 151, criminalizes sexual touching of individuals under 16, whether done directly or with an object. The law aims to protect minors from sexual exploitation.
Child Luring.
Under section 172.1, using a computer to solicit someone under 18 for sexual purposes is a crime. This includes online attempts to arrange meetings for illegal sexual acts.
Child Pornography
Section 163.1 criminalizes the making, distribution, possession, or access to child pornography. This includes any media depicting individuals under 18 engaged in explicit sexual activity or focusing on their sexual organs or anal region.
Invitation to Sexual Touching.
According to sections 151 and 152, it is illegal to persuade someone under 16 to touch another person for sexual purposes, using their own body or an object. This offence targets attempts to engage minors in sexual activities.
Indecent Acts.
Section 173 criminalizes performing indecent acts in public or exposing genitals to someone under 16 for sexual reasons. Acts like public masturbation are included, ensuring public decency and protection for minors.
Voyeurism
Voyeurism, outlined in section 162, makes it illegal to observe or record someone without their knowledge where they have a reasonable expectation of privacy. This includes situations where the person is nude, engaged in sexual activity, or when the observation is made for sexual purposes.
Incest.
Incest, covered under section 155, makes it illegal to have sexual relations with close-blood relatives such as parents, siblings, or grandparents. This prohibition ensures protection against familial sexual exploitation.