Commodification of Sexual Activity

Commodification of sexual activity refers to a range of offences related to the exchange of sexual services for money or other forms of consideration. These offences are governed by Sections 286.1 to 286.5 of the Criminal Code and are treated with the utmost seriousness by the courts due to their impact on personal dignity, public safety, and societal values.

Commodification of Sexual Activity: Criminal Code Definition

The Criminal Code outlines several distinct offences under the umbrella of “commodification of sexual activity”. These offences are designed to address different aspects of the illegal sex trade, including obtaining sexual services, benefiting from the provision of sexual services, and facilitating or promoting the exchange of sexual services.

Communication to Obtain Sexual Services

Section 286.1 (1) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person.

Material Benefit from Sexual Services

Section 286.2 (1) Every person who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 286.1(1).

Procuring into Sexual Services

Section 286.3 (1) Everyone who procures a person to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.1(1), recruits, holds, conceals or harbours a person who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person.

Charged with offences related to the “commodification of sexual services”? Secure your defence with a seasoned criminal lawyer who will fight to protect your rights. Call (306) 994-9522 for a free consultation today.

Penalties and Consequences for Commodification of Sexual Activity

The penalties for offences related to the commodification of sexual activity are severe, reflecting the Canadian justice system’s commitment to protecting individuals from exploitation. Depending on the nature of the offence and whether the Crown proceeds by indictment or summary conviction, the penalties can range from fines to lengthy prison terms.

Communication to Obtain Sexual Services

• Indictable Offence: Carries a maximum penalty of five years imprisonment and a minimum fine of $1,000 to $2,000 depending on the circumstances and prior offences.
• Summary Conviction: Carries a maximum penalty of two years less a day imprisonment and a fine ranging from $500 to $2,000 depending on the circumstances and prior offences.

Material Benefit from Sexual Services

• Indictable Offence: Carries a maximum penalty of ten years imprisonment.
• Summary Conviction: Also available for less severe cases, though the specific penalties would typically involve shorter terms of imprisonment and/or fines.

Procuring into Sexual Services

• Indictable Offence: This offence carries a maximum penalty of fourteen years imprisonment.
• Summary Conviction: Procuring typically results in indictable charges due to the seriousness of the offence; summary conviction is less common.

Accused of involvement in the commodification of sexual services? Don’t face the legal system alone. Get expert legal advice and representation by calling (306) 994-9522 for a confidential consultation

Commodification of Sexual Activity: Aggravating Factors

Several factors can aggravate these offences and result in harsher penalties:

• The involvement of minors under the age of 18.
• The use of violence, intimidation, or coercion.
• The offender’s position of trust, power, or authority over the victim.
• The offence taking place near schools, parks, or other places where minors are likely to be present.
• Involvement in organized commercial operations that profit from sexual services.

Summary and Indictable Dispositions Available for Commodification of Sexual Activity

Summary and Indictable Dispositions

• Jail
• Jail + Probation
• Jail + Fine

Defences Against Charges of Commodification of Sexual Activity

Defending against charges related to commodification of sexual activity requires a nuanced understanding of the law and a careful examination of the evidence. Potential defences may include:

• Lack of Knowledge: Arguing that the accused did not know the benefit was derived from illegal sexual services.
• Challenging the Evidence: Questioning the credibility and consistency of the evidence presented by the prosecution.
• No Intent to Procure: Demonstrating that the accused did not intend to facilitate or promote the provision of sexual services.

Given the complex nature of these cases and the severe penalties involved, it is crucial to seek the guidance of an experienced criminal defence lawyer. A skilled lawyer can help assess your case, develop a robust defence strategy, and ensure your rights are protected throughout the legal process.

Don’t Face Your Commodification of Sexual Activity Charge Alone

An experienced criminal defence lawyer is essential when facing a charge of commodification of sexual activity. A criminal lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.

Need a Criminal Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Lawyer

Don't hesitate to reach out to us if you have been charged with commodification of sexual activity. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.