Sexual interference is the indirect or direct touching of any part of a young person’s body under the age of consent for a sexual purpose. Sexual interference is defined in various ways. It is presented before the courts using specific language and guidelines.
In Canada, the age of consent is usually 16 years of age. The age of consent can be up to 18 years of age if the other person involved is in a position of trust or authority over the person. A person under the age of consent cannot consent to sexual activity under any circumstances, regardless of whether they verbally agree with the other person to proceed with sexual touching.
If you are being charged with sexual interference, you need to understand how to navigate the legal proceedings. Let’s learn more about what is sexual interference:
How to Prove Sexual Interference
For something to be considered sexual interference, the touching done must be shown to be intentional and sexual. This can be hard to argue in certain cases. The evidence often presented relates to the part of the body that was touched and any words or gestures that accompanied the touch.
Criminal Defence Lawyer
Contact a Brampton criminal lawyer if you are being charged with sexual interference. After analyzing the situation, the investigation, and all relevant details, they can begin working on your best defence.
In the past, mistakes of age, unintentional touching, and touching for a non-sexual purpose have been used as defences. In all cases, the specific circumstances of the situation must be examined to determine the most effective response.
Sexual Interference or Sexual Assault
Sexual interference differs from sexual assault. Sexual assault can be considered unwelcome sexual touching without the other person’s consent. Sexual interference is more specific to the act and uses age to define consent and stipulate an intention behind the act of sexual touching.
“It Was An Honest Mistake. I Thought They Were Older.”
Some defences attempt to present the argument that what happened was an honest mistake. However, it is not enough for the accused to have believed the complainant was 16 years of age or older. An accused person can only present this argument if they took reasonable steps to confirm the complainant’s age, such as asking them how old they were or verifying their identity through some means.
Differences in Sexual Interference Defences Between Age Brackets
- Suppose a victim is 12-13 years of age. In that case, the ‘honest mistake’ defence is only accepted if the accused is less than two years older than the complainant, not in a position of authority or trust over the complainant, not in a dependency relationship, and not in an exploitative relationship with the complainant.
- Suppose a victim is 14-15 years of age. In that case, the ‘honest mistake’ is only applicable if the accused is less than five years older than the complainant, not in a position of trust or authority over the complainant, and not in a relationship of dependency or exploitation with the complainant.
Victim’s Consent
If the complainant is 14-15 years of age and the accused is more than five years older than them, the complainant’s verbal consent will count if they are common-law or married partners and the accused is not in a position of trust nor has a relationship of dependency over the complainant.
Examples of trust and dependency are teacher-student, a family relationship, or any situation wherein a complainant relies on the accused.
How Is Sexual Interference Punished?
Sexual interference, under the Criminal Code, is punished with a minimum sentence of imprisonment of 90 days if the case proceeds by summary conviction and up to 1 year if the case proceeds by indictment. The maximum punishment for sexual interference can be up to 14 years in prison.
If Convicted, You Are Considered a Sex Offender
Someone who is found guilty of sexual interference is registered on the federal and provincial sex offender registries. Please note that these registries are only accessible to the police and are not public.
These registries contain your name, address, photographs, and details of the crime you’ve been found guilty of. Any change in address or name must be reported. Non-compliance is punishable by a fine or imprisonment.
Prohibition Order
A court can issue a prohibition order along with a charge of sexual interference. If issued, it can be for a short time or last the remainder of one’s life. Prohibition orders prevent you from contacting anyone under the age of 16.
It may also prevent you from going to public parks where people under the age of 16 may be, prevent you from having employment where you are likely to encounter young people, and can even restrict and monitor your Internet use. If you do not comply with a prohibition order, you may receive a maximum penalty of eight years in prison.
