Definition: The Criminal Code of Canada (Section 372) prohibits indecent communications directed towards another person. This can encompass a variety of behaviours, but generally, the communication must be considered sexually suggestive, obscene, or threatening in nature.
Important Points:
Common Evidence
Indecent communications is a hybrid offence, giving the Crown the discretion to proceed summarily or by indictment:
Summary Conviction: Less serious cases.
Indictment: More serious cases, often dealing with repeated or threatening communication.
Securing Your Release: An arrest for indecent communications might result in immediate release with a court date, or might require a bail hearing. We’ll work diligently to achieve your release with the least restrictive conditions possible.
Fighting the Charges: Every indecent communication case is different. We’ll look closely at the facts of your situation to build the best defence, which might include:
The age of everyone involved and whether there was consent matters. Sexting between consenting adults is generally not illegal, but underage sexting OR sending non-consensual images can have serious consequences.
Potentially, yes. Social and cultural norms change over time. Behaviour once considered “just a joke” may be viewed differently today.
Unfortunately, ignorance is not a defence. If you are engaging in sexually explicit conversations online, it’s crucial to verify the age of the other person.
Indecent communication charges can have a serious impact on your reputation and your future. Seek immediate legal advice to understand the specific charges against you and the potential repercussions. Contact us for a free consultation to discuss your defence options.
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