Sexual Interference

What is Sexual Interference

Definition: Section 151 of the Criminal Code of Canada defines sexual interference as any touching of a person under 16 years of age, with a part of the body or with an object, for a sexual purpose. It’s a serious crime that violates a person’s bodily integrity and sexual autonomy.

Important Points

Age of consent in Canada is 16. Any sexual activity with a person under 16 is illegal, regardless of their apparent maturity or if they seem to consent.
Sexual purpose is key – even touching over clothing can be considered sexual interference if the motivation is the sexual gratification of the accused.
This offence applies to anyone under 16, regardless of the gender of the accused or the victim.

Common Evidence

Witness statements about your actions and the alleged victim’s experience.
Medical records if there were any physical injuries.
Digital communications (texts, emails) that could be seen as grooming or inappropriate contact.
Expert evidence in complex cases (e.g., psychologists on child development).

Penalties for Sexual Interference

Sexual interference is a hybrid offence, meaning the Crown can proceed summarily or by indictment:

Summary Conviction: Less serious cases.

Maximum Penalty: Up to 24 months in prison and/or a $5,000 fine.

Indictment: More serious cases, often involving a power imbalance or vulnerability of the victim.

Maximum Penalty: Up to 14 years in prison.

Sexual interference charges are incredibly serious and can have devastating consequences, including registration as a sex offender.

How We Can Help

Securing Your Release: An arrest for sexual interference often involves a bail hearing, especially when a significant age difference is involved. We’ll advocate for your release with strict conditions to minimize risks.

Fighting the Charges: We’ll meticulously examine every detail of the case to build a strong defence:

You didn’t touch the alleged victim, or mistaken identity.
The touching was entirely accidental and not sexual in nature.
There’s evidence the alleged victim lied about their age, and you reasonably believed they were 16 or older.
The evidence against you is weak or unreliable, or your rights were violated during the investigation.

Frequently Asked Questions

What if it was a single, unwanted kiss?

Every situation is unique, but even a single act can be considered sexual interference depending on the circumstances.

Can I be charged if the sex was consensual?

Yes, consent is irrelevant when the victim is under 16.

How can I protect myself from false accusations?

Never be alone with a minor without another responsible adult present, and avoid situations that could be misconstrued.

Let's Talk About Your Case

Sexual interference charges are extremely serious and can have life-altering repercussions. Do not hesitate to seek legal representation as soon as possible. Contact us for a free case review to discuss your situation and potential defences.

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