Invitation to Sexual Touching Lawyer

Invitation to sexual touching is a crime that typically involves an older individual, often in a position of power, inciting or encouraging a minor to perform an act of a sexual nature. The sexual action in question could be performed on the accused, the complainant themselves, or on a third party. This crime carries serious penalties given the repugnance in which Canadian law views crimes involving the exploitation of children. As such, it is crucial to find an experienced and skilled attorney so that you are not subject to the harsh penalties that may ensue.

What is Invitation to Sexual Touching?

Invitation to Sexual Touching is an offence that is set out in section 152 of the Canadian Criminal Code. This crime typically involves an adult encouraging, inviting, counselling, or inciting children under the age of 16 to make contact with another person’s body (or their own body) for sexual gain. This is a serious offence that often demands a skilled lawyer. Note that this touching can be direct or indirect in nature.

How does the Crown Prove Invitation to Sexual Touching? 

To establish that the crime of invitation to sexual touching has occurred, the Crown has to prove two key elements: first, that the touching was intentional; and second, that the touching was done with a sexual purpose. Intentionality is highly important, because it distinguishes accidental contact from deliberate actions.

In Canadian criminal law, it is important to establish a mental intent, also referred to as a mens rea, to find a defendant guilty of a certain crime. The sexual nature of the touch is determined by examining the context in which the touch occurred, including the specific parts of the body that were involved. In general, contact with areas of the body commonly recognized as private or sexual in nature is a significant indicator.

Additionally, the Court will consider any accompanying communications or behaviours that might clarify the intent of the touching. For example, verbal recommendations, evidence of any grooming behaviours, or explicit messages may be used as evidence that the touch was sexual. The overall circumstances, including the relationship between the involved parties and the setting in which the contact occurred, also play essential roles in interpreting the nature of the touch. The prosecution needs to piece together these various elements to present a clear and convincing argument that the accused engaged in an act of invitation to sexual touching.

Consent and Invitation to Sexual Touching

The defence of “consent” cannot be used for the crime of invitation to sexual touching. There are exceptions, however. In cases where the accused can demonstrate that they had a mistaken belief in the complainant’s age and took all reasonable steps to determine the complainant’s age, consent might be a valid defence. For example, asking the complainant for identification would be a reasonable step. The rules regarding consent also depends on several factors, including the complainant’s age, the accused’s age, and the nature of their relationship.

What is a Relationship of Trust and Dependency?

Relationships of trust and dependency are established when the complainant significantly relies on the accused, who is expected to provide protection and care. This relationship dynamic can be observed in familial bonds, such as those between children and their caregivers, as well as in professional settings such as teacher-student relationships. These connections are crucial in legal contexts as they often involve an innate power imbalance, which can distort the nature of consent.

What will Happen if I am Convicted of Invitation to Sexual Touching?

Being convicted of invitation to sexual touching in Canada carries serious repercussions due to the serious nature of the offence. The gravity of this crime typically results in a custodial sentence, the duration of which may vary based on the specifics of the conduct, the offender’s criminal history, and the minor’s age. In addition, Canadian Courts commonly issue several ancillary orders to alleviate future risks and emphasize the offence’s severity.

Common orders might involve a Sex Offender Information Registration Act (SOIRA) registration, a Section 161 order that restricts access to children and limits internet use to prevent interactions with minors, and a DNA order to include the offender’s DNA in the national criminal database. The Court does this as a way to restrict the offender’s access to children and their communication with children, preventing future incidents from re-occurring.