FIRST OFFENDER? DEFEND SEXUAL INTERFERENCE CHARGES IN KITCHENER.  1-866-DEFENCE.

Being charged with a criminal offence, especially a serious sexual offence, can be a very disconcerting experience. This is true even more so for those who have been wrongfully accused. Donich Law has experience defending individuals charged with sexual interference, including those who have been wrongfully accused. If you have been charged with sexual interference in Kitchener, we can assist you in navigating the criminal justice system and developing the best strategy of defence for your particular set of allegations.

At Donich Law, we have devoted a portion of our practice to defending those charged with sexual interference. We have experience defending those who have been wrongfully accused and those who have been charged with historical sexual offences. There is no limitation period for sexual offences of this nature in Canada and it is not uncommon for victims of childhood sexual abuse to take years and even decades to come forward.

In the majority of cases, the victim and defendant are known to one another and in many cases they are related. If an individual is charged with sexual interference, they will almost always be ordered not to have contact with children, in many cases, even their own children.

In cases involving sexual offences against children, the Children’s Aid Society will almost always become involved to ensure the safety of the child. The Children’s Aid Society will conduct their own investigation which may be turned over to the police and used against an accused in criminal proceedings. As a result, it is important to consult with experienced legal counsel as soon as allegations of sexual interference are made.

In 2019, the Firm represented an individual charged with sexual interference, invitation to sexual touching and sexual assault in R. v. A.E. [2019]. The charges stemmed from an incident that allegedly occurred in 1985 involving the accused and members of his family. After a year of litigation, the Firm was able to prove that the complainant had fabricated the allegations in an attempt to seek revenge for a family dispute and the charges were withdrawn.

In 2018, the Firm defended an individual charged with eleven counts sexual interference, invitation to sexual touching and sexual assault in R. v. Z.C. [2018]. In that case, the Firm was able to present evidence to the Court to suggest that the complainant had fabricated the allegations and the charges were withdrawn by the Crown.

In R. v. K.C. [2015], the Firm represented an individual charged with two counts of sexual assault after two different complainants made allegations. After litigating the matter for some type, the Firm was able to prove that the allegations had been fabricated by both complainants.

If you have been charged with sexual interference in Kitchener Donich Law can assist you in fighting the allegations. We have experience defending those charged as first-time offenders, those charged with historical sexual offences and those who have been wrongfully accused. We are regularly consulted by various media sources in Toronto. We also have experience consulting and negotiating with the Children’s Aid Society.

Having a complete understanding of the Elements of the Criminal Offence, Your Rights and the Consequences associated with a Criminal Record is necessary before any legal decisions are made.

CP24: Civil Sexual Assault Lawsuit at St. Michael’s in Toronto.

Global News: Historical Sexual Assault Charges and Bill Cosby.

Global News: Riding solo: What age should kids take transit alone?

Global News Radio: Justin Bieber facing allegations of Sexual Assault.

AM900 CHML: Children’s Aid Society has too much power.

CityNews: Jordan Donich comments to CityNews regarding challenges with Sexual Assault Trials in Toronto on August 9, 2017.

CityNews: Jordan Donich provides expert commentary to CityNews regarding Sexual Assault Prosecution on June 15, 2017.

Frequently Asked Questions

What is Sexual Interference?
What is the Difference Between Sexual Assault and Sexual Interference?
What is Invitation to Sexual Touching?
What are Common Defences for Sexual Interference in Kitchener?
What is the Maximum Penalty for Sexual Interference in Kitchener?
What is the Maximum Penalty for Invitation to Sexual Touching in Kitchener?

Additional Resources

Assault
Assaulting a Peace Officer
Children’s Aid Society
Sexual Assault Law in Canada
Consequences of a Criminal Record
Domestic Abuse
First Offenders
Immigration Consequences
Keeping Charges Private
Travel & US Waivers
Vulnerable Sector Screening
Elements of a Crime
Your Rights

What is Sexual Interference?

The offence of sexual interference is outlined in section 151 of the Criminal Code. It states that an individual has committed sexual interference when they touch, either directly or indirectly, with a part of their body or an object, any part of the body of a minor. The touching of the minor must also be for a sexual purpose, meaning the accused must have received sexual gratification from it. Essentially, sexual interference is a sexual assault on a person under the age of sixteen. Further, the accused must have had knowledge that the complainant was under the age of consent at the time of the sexual interaction. An accused person must have taken reasonable steps to ascertain the age of the complainant prior to engaging in sexual activity.

In Canada, the age of consent is sixteen years old. This means individuals under the age of sixteen are not legally capable of consenting to sexual activity of any kind with an adult. An adult who engages in sexual activity with a minor, even where the minor was agreeable to the activity, or where the minor initiated the sexual activity, will be guilty of an offence.

In the vast majority of sexual interference cases, the accused and complainant were known to one another prior to the assault. In many cases, the accused is a family friend or relative of the complainant.

What is the Difference Between Sexual Assault and Sexual Interference?

The primary difference between the offence of sexual assault and the offence of sexual interference is the age of the complainant. In Canada, the age of consent is sixteen years old, meaning those under the age of sixteen cannot legally consent to sex with a person over the age of eighteen.

If an adult person makes physical, unwanted contact of a sexual nature with another adult, they will be charged with sexual assault. If an adult makes sexual contact of any kind with a minor, they will be guilty of sexual interference. As a result, even where a minor has agreed to participate in sexual activity with an adult, or has initiated sexual contact with an adult, the adult is guilty of sexual interference.

What is Invitation to Sexual Touching?

The offence of invitation to sexual touching is outlined in section 152 of the Criminal Code. It states that an individual is guilty of invitation to sexual touching when they, for a sexual purpose, invite, counsel or incite a person under the age of sixteen years 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, counsel or incites and the body of the person under the age of sixteen. Essentially, this means that if an adult counsels or invites a person under the age of sixteen to touch any person’s body for a sexual purpose, the adult will be guilty of invitation to sexual touching.

What are Common Defences for Sexual Interference in Kitchener?

The best defence to any criminal charge will depend largely on the facts of the case and the allegations being made. While an accused is never obligated to present evidence to the Court to prove their innocence, in many cases it is prudent to do so.

Arguments commonly used to defend allegations of sexual interference in Kitchener include arguing that the complainant fabricated the allegations, arguing that the accused lack the necessary intent or arguing mistaken belief in age.

In some cases, those charged with sexual interference have been wrongfully accused. In situations where the complainant has made false allegations of sexual interference, it is important to understand what evidence is in the possession of the Crown. If the allegations have been fabricated, in most cases the only evidence will be the statement of the complainant. In these situations, the main issue becomes credibility and it is helpful to provide the Court with a motive for why the complainant would fabricate such allegations.

In other cases, individuals charged with sexual interference may argue that they lacked the necessary intent to be guilty of the offence. To prove that an individual has committed sexual interference the Crown must prove that they touched the complainant’s body for a sexual purpose. If the accused did not have a sexual purpose for making contact with the minor, they cannot be found guilty. For example, an adult touching the genitals of a child while giving them a bath would not be considered touching for a sexual purpose.

Finally, an individual charged with sexual interference may argue that they genuinely believed the complainant was over the age of consent at the time the sexual activity occurred. To prove its case, the Crown must prove that the accused had knowledge of the complainant’s age. If the accused genuinely believed that the complainant was over the age of consent, they may not be found guilty of the offence. It should be noted however, that an accused cannot be willfully blind or reckless as to the true age of the complainant and must have taken reasonable steps to ascertain the true age of the complainant prior to engaging in any sexual activity.

What is the Maximum Penalty for Sexual Interference in Kitchener?

Sexual interference is a very serious sexual offence and is prosecuted aggressively by Crown counsel’s in Kitchener and across Ontario. Sexual interference is a hybrid offence. This allows the Crown to determine the maximum penalty available by electing to proceed either summarily or by indictment. Which election the Crown chooses to make will depend largely on the nature and severity of the allegations being made.

Where the Crown proceeds summarily, an accused will face a maximum of two years less a day in prison, a $5,000 fine, or both. If the Crown proceeds by indictment, the accused will face a maximum of ten years in prison. When determining the most appropriate sentence for an offender who has been convicted, the Court will analyze the facts of the case, the criminal history of the accused and any other relevant aggravating or mitigating factors in the case.

What is the Maximum Penalty for Invitation to Sexual Touching in Kitchener?

Invitation to sexual touching is among the most serious offences a person can be charged with in Canada. Crown counsel in Kitchener and across the province devote considerable resources to prosecuting individuals accused of committing sexual offences against children. As a result, those charged with invitation to sexual touching and other sexual offences involving children are routinely sentenced to periods of incarceration for their crimes.

Invitation to sexual touching is a hybrid offence. This gives the Crown discretion regarding the maximum penalty that may be imposed on the accused. Upon receiving a case, the Crown will determine whether to proceed summarily or by indictment based on the nature and severity of the allegations. Where the Crown proceeds summarily, the accused may be handed down a maximum sentence of two years less a day in prison, a $5,000 fine or both. Where the Crown proceeds by indictment, the accused may be handed down a maximum sentence of fourteen years in prison.

Quick Facts

What is Sexual Interference?

An individual is guilty of the offence of sexual interference when they engage in sexual activity with a person under the age of sixteen. In Canada, those who are under the age of sixteen are legally incapable of consenting to sexual activity with an adult.

Will I go to Jail for Sexual Interference?

In many cases, yes. Sexual interference is considered a serious sexual offence involving children. As a result, law enforcement and Crown counsel both devote considerable resources to investigating and prosecuting those suspected of committing sexual interference. Court’s across Ontario regularly impose periods of incarceration for those who are convicted.

What if the Allegation(s) Occurred a Long Time Ago?

In Canada, for sexual offences involving children, there is no limitation period. This means that an individual may be arrested and charged with sexual interference years and even decades after the alleged incident(s) occurred. It is not uncommon for victims of sexual assault to wait significant periods of time before disclosing the allegations.

Will I be Required to Register as a Sex Offender if Convicted?

Yes. As outlined in the Criminal Code, those convicted of certain designated sexual offences will be required, on a mandatory basis, to register as a sex offender under the Sex Offender Information Registration Act. Sexual interference is considered a designated sexual offence.

How to Beat a Sexual Interference Charge?

The best defence for a sexual interference charge will depend largely on the facts of the case and will be unique in each case. Experienced legal counsel will be able to assist you in developing the best strategy to defend your charges.

How Does the Crown Prove Sexual Interference?

To prove a sexual interference charge, the Crown must prove that the accused made physical contact with a person under the age of sixteen and that the physical contact was of a sexual nature. The Crown must also prove that the accused intended to make physical contact with the minor complainant.

What is a SOIRA Order?

In Canada, individuals convicted of certain designated sexual offences are required to register as a sex offender under the Sex Offender Information Registration Act. When an individual is convicted of a designated sexual offence, the Court is required to issue a SOIRA order, requiring that the offender register as a sex offender.

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