Sexual Interference

Sexual interference constitutes an offence that involves engaging in any type of physical contact with an individual under the age of 16. The term 'interference' is used to characterize the nature of the contact. This term intentionally encompasses a wide range of interactions, whether they are direct or indirect.

Have you been charged with sexual interference? Call (306) 585-1777 for a free legal consultation with a criminal lawyer.

Criminal Code Definition of Sexual Interference

Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.

Source: Section 151 of the Canadian Criminal Code

Similar Offences to Sexual Interference

Sexual Assault, s. 271: Non-consensual sexual contact or activity that violates the victim's sexual integrity, regardless of the specific body part involved.

Invitation to Sexual Touching, s. 152: This offence occurs when a person under the age of 16 is encouraged, counselled, or incited to touch, either directly or indirectly with any part of the body or an object, the body of any person, including themselves, for a sexual purpose.

Sexual Exploitation, s. 153(1): It is a criminal offence for a person in a position of trust or authority towards a young person to touch them or encourage them to touch others for a sexual purpose.

Procuring Sexual Services, s. 286.3: Procuring sexual services is the act of enticing or coercing someone to provide sexual services in exchange for money, drugs, or other incentives.

Dial (306) 585-1777 to obtain a free legal consultation if you have been charged with a sexual offence.

What is Needed to Obtain a Conviction for Sexual Interference?

In addition to proving the identity of the accused as the perpetrator, the prosecution must establish the exact date, time, and jurisdiction of the incident. 

The prosecutor must demonstrate that the victim was under the age of 16 at the time of the alleged events. Moreover, the prosecution must show that the accused knew the victim's age was under 16, or if not, that the accused failed to take "all reasonable steps" to ascertain the victim's age as outlined in section 150.1(4).

The crucial aspect of the offence is the physical contact between the accused and the victim. The accused must have touched the victim anywhere using their body or an object. This touching must have been executed for a sexual purpose. The term "sexual purpose" refers to the intention of the accused to derive sexual satisfaction from the act.

Call (306) 585-1777 for a free legal consultation. Our expert legal counsel would be happy to discuss the potential defences available to your sexual interference charge.

Potential Penalties for Sexual Interference

Sexual interference is considered a hybrid offence under the Criminal Code. This means that the Crown prosecutor has the discretion to pursue the charge either as an indictable offence or a summary conviction. 

Potential Criminal Code Penalties for Sexual Interference

Summary Conviction: Minimum of 90 days imprisonment up to a maximum of 2 years less a day imprisonment.

Indictment: Minimum of 1 year imprisonment up a maximum of 14 years imprisonment.

Aggravating Factors: Sexual Interference

It is considered an aggravating factor when the offender is in a “position of trust or authority” in relation to the victim under s. 718.2(a)(iii). Additionally, s. 718.2(a)(ii.1) requires that the judges treat any “evidence that the offender, in committing the offence, abused a person under the age of eighteen years” as an aggravating circumstance.

Dispositions Available for Sexual Interference

• Jail
• Jail + Probation
• Jail + Fine

Sexual interference is a serious offence. Act now by calling (306) 585-1777 for a free consultation. Trust Nicholas Robinson to defend your rights. 

Don’t Face Your Sexual Interference Charge Alone

An experienced criminal defence lawyer is essential when facing a sexual interference charge. They can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your specific 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 interference. Call (306) 585-1777 and a skilled criminal defence lawyer will discuss your case with you and explore your options.