Sexual Interference in Canada
Understanding the Charges and the Importance of Legal Representation
Sexual
Interference
What Is Sexual Interference Under Canadian Law?
Sexual interference is a serious criminal offence under the Criminal Code of Canada, designed to protect children from sexual abuse. This offence applies to any person who, for a sexual purpose, touches directly or indirectly, with a part of their body or an object, a person under the age of 16.
The relevant section of the Criminal Code is:
Section 151: Prohibits touching a person under the age of 16 for a sexual purpose.
This law emphasizes the protection of children, recognizing their vulnerability and inability to provide legal consent to sexual activity. The offence applies regardless of whether the child appeared to consent or whether the accused believed the child was older than 16.
Experienced Counsel In Sexual Offence 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 403-554-6036.
Your Rights Are Our Priority
What Must The Crown Prove In
A Sexual Interference Case?
Touching Occurred: The accused touched the complainant directly or indirectly, using a part of their body or an object.
Sexual Purpose: The act was done for a sexual purpose.
Complainant's Age: The complainant was under 16 years of age at the time of the alleged offence.
These elements must be supported by credible evidence. The Crown does not need to prove physical harm or explicit sexual gratification, but rather that the touching was intended for sexual purposes.
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.
Penalties for Sexual Interference in Canada
Convictions for sexual interference carry severe legal and personal consequences, including:
Imprisonment: Sentences range from a mandatory minimum of one year to a maximum of 14 years if prosecuted as an indictable offence.
Registration as a Sex Offender: Convicted individuals are required to register under the Sex Offender Information Registration Act (SOIRA).
Restrictions: Individuals may face prohibitions on attending places where children are present, such as schools, parks, and community centers.
Social and Professional Consequences: A conviction can result in significant damage to reputation, loss of employment, and long-term restrictions on career opportunities.
Defending Against Sexual Interference Charges
Sexual interference charges are highly sensitive and require a strategic legal defence. Some possible defence strategies include:
Challenging the Evidence: Examining inconsistencies in the complainant’s testimony or errors in the investigation.
Mistaken Identity: Arguing that the accused was not the individual involved in the alleged incident.
Questioning the Allegation’s Timing: Highlighting delays in reporting the incident and how this impacts the reliability of the evidence.
Honest but Mistaken Belief in Age: Demonstrating that the accused had a reasonable belief the complainant was over the age of 16, although this defence is not always applicable.
Violation of Rights: Ensuring that the accused’s Charter rights were upheld throughout the investigation and 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.