Sexual Exploitation

Under Section 153 of the Criminal Code, sexual exploitation involves the misuse of power or authority to engage in sexual activities with minors. Section 153.1 extends these provisions to those exploiting individuals with disabilities, underscoring the law's intent to protect the most vulnerable from abuse and exploitation.

Sexual Exploitation: Criminal Code Definition

153 (1) Every person commits an offence who is in a position of trust or authority towards a young person, who is a person with whom the young person is in a relationship of dependency or who is in a relationship with a young person that is exploitative of the young person, and who

(a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person; or

(b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person.

Have you been charged with sexual exploitation? Call (306) 994-9522 to receive a free consultation with a criminal lawyer. 

Penalties and Consequences for Sexual Exploitation

The penalties for sexual exploitation can be severe, reflecting the seriousness of the offence. The crown may choose to proceed by indictment or summary conviction, influencing the potential penalties.

  • Indictable Offence: Minimum of 1 year imprisonment and a maximum of 14 years imprisonment. 
  • Summary Conviction: Minimum of 90 days imprisonment and a maximum of two years less a day incarceration. 

Aggravating Factors

  • Relationship to the victim
  • Victim’s age
  • Abuse of position or trust
  • Extent of control or influence
  • Nature and duration of the conduct
  • Existence of threats or coercion
  • Impact on the victim

Summary and Indictable Dispositions Available for Sexual Exploitation

  • Imprisonment
  • Imprisonment + Probation
  • Imprisonment + Fine

Are you facing sexual exploitation charges? An experienced criminal defence lawyer can help assess the case's specifics, develop a robust defence strategy, and ensure your rights are protected throughout the legal process. Call (306) 994-9522 to obtain a free consultation with a criminal lawyer today.

Additional Consequences for Sexual Exploitation

Beyond the primary legal penalties of imprisonment, individuals convicted of sexual exploitation face several additional consequences:

  • National DNA Databank: Conviction can lead to the mandatory submission of DNA samples to a national database.
  • Weapons Restrictions: Individuals convicted are typically prohibited from owning or possessing weapons.
  • Restricted Access: Courts often impose restrictions preventing the convicted from visiting places frequented by minors, such as playgrounds, schools, and community centres.
  • Registration as a Sex Offender: Convicted individuals must register with the National Sex Offender Registry under the Sexual Offender Information Registration Act (SOIRA), with a minimum registration period of 10 years.

Potential Defences Against Sexual Exploitation

In defending against charges of sexual exploitation, several legal strategies may be employed. One potential defence is the mistaken belief in age, where the accused must demonstrate that they reasonably believed the victim was of legal age, supported by evidence of steps taken to ascertain this. This defence is scrutinized heavily, especially when the accused holds a position of trust or authority over the victim.

Another approach is to challenge the credibility and consistency of the evidence against the accused, such as the reliability of the victim's testimony or the interpretation of communications. The defence might also argue that the actions in question did not have a sexual purpose, suggesting that the interactions were platonic or professional. 

Given the complexities of these cases, those accused of sexual exploitation are advised to seek an experienced criminal lawyer to navigate the specifics of the law and ensure a fair trial.

Don’t Face Your Sexual Exploitation Charge Alone

An experienced criminal defence lawyer is essential when facing a sexual exploitation charge. 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 sexual exploitation 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 sexual exploitation. Call (306) 994-9522 and a skilled criminal defence lawyer will discuss your case with you and explore your options.

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