Sexual Interference Charges Lawyer in Brampton, ON

Section 151 makes it an offence to touch, for a sexual purpose, 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.

Three elements follow from the wording. The touching may be indirect, and may be with an object rather than a body part. The touching must be for a sexual purpose, which is a distinct element the Crown must prove. And the complainant must be under 16.

There is a mandatory minimum on either election. A discharge or a suspended sentence is not available on a conviction under this section.

Section 150.1(1) provides that when an accused is charged under section 151 or 152, or under subsection 153(1), 160(3) or 173(2), or under section 271, 272 or 273 in respect of a complainant under 16, it is not a defence that the complainant consented.

The age of consent in Canada is therefore 16 for these purposes, subject to two close-in-age exceptions.

Both exceptions fail entirely if the accused was in a position of trust or authority. That is why allegations involving coaches, teachers, employers and family friends are treated differently from those between peers.

They overlap heavily and are frequently charged together. Sexual assault under section 271 requires an assault — non-consensual touching — committed in circumstances of a sexual nature. Sexual interference under section 151 requires touching for a sexual purpose of a person under 16, and does not require the absence of consent, because consent is removed by section 150.1.

The practical difference is the mandatory minimum. Section 271 carries a one-year minimum on indictment only where the complainant is under 16; section 151 carries a minimum on both elections.

Where both are charged, the Kienapple principle usually prevents convictions being entered on both for the same conduct, but that is a matter resolved at the end of a trial rather than at the outset.

Historical allegations are common in this area, and delay is not a bar to prosecution — there is no limitation period for indictable offences. Delay does, however, affect what evidence still exists, which cuts in both directions.

No outcome can be promised on a charge of this seriousness, and anyone offering one should be treated with caution.

A conviction ordinarily brings an order under the Sex Offender Information Registration Act, a DNA order, and an order under section 161 prohibiting attendance at places where young people are likely to be present and restricting contact with them. Where section 490.012(1) applies — prosecuted by indictment, a sentence of two years or more, and a victim under 18 — the SOIRA order is mandatory with no exemption available.

These consequences run for years and in some cases for life. They affect employment, volunteering, travel and living arrangements, and they are frequently more disruptive over time than the custodial portion of a sentence.

Any discussion about resolving a case has to account for them from the start, not treat them as an administrative afterthought.