Sexual Interference
The offence of sexual interference is outlined in section 151 of the Criminal Code.
The offence of sexual interference is committed when an adult touches any part of the body of a person under the age of consent, for a sexual purpose. The touch can be direct or indirect, with a part of the body or an object. In Canada the age of consent is 16. An individual under the age of consent cannot legally consent to sexual activity with an adult.
Examples
Person A is an adult and person B is a child. Person A touches person B with his hand for a sexual purpose.
Person A is an adult and person B is a 15 year old teenager. Person A and person B have a sexual relationship. Person B is younger than the age of consent and therefore cannot legally consent to a sexual relationship with person A.
Cases
In R. v R.H., the offender was charged with sexual interference after his step-granddaughter told her mother that her grandfather had made her touch his penis. The complainant was a young child when the incident occurred.
R. v. P.F., [2022] ONCJ 34
In R. v. P.F., the offender was charged with sexual interference after he sexually touched the young daughter of the woman he was in a relationship with.
Offence Specific Defences
No Sexual Activity
In situations where an individual has been falsely accused of sexual interference, they may argue that sexual activity did not occur. If sexual activity did not occur, the accused cannot be convicted.
Honest but Mistaken Belief
An individual who has been charged with sexual interference may use the defence of honest but mistaken belief if they genuinely believed the young person was an adult. The accused must demonstrate that they took reasonable steps to ascertain the age of the young person prior to engaging in sexual activity. An accused who was reckless or willfully blind as to whether the young person was old enough to engage in sexual activity cannot use this defence.
Lack of Intent
To gain a conviction for sexual interference, the Crown must prove that the accused touched the young person for a sexual purpose. If the accused did not touch the young person for a sexual purpose, they cannot be convicted. For example, a parent touching their child’s genitals to clean them in the bath would not be considered sexual interference because the parent is not touching the child for a sexual purpose.
More Legal Information
Law Newbie™ is a free legal assistant developed by our criminal lawyers to help you understand the law.
In criminal cases, there are very strict rules governing what evidence can be used and how it can be used.
The rights enjoyed of all those within Canada are contained in the Canadian Charter of Rights and Freedoms.
Criminal procedure is the process by which an accused person is arrested and brought through the justice system.
Sentencing refers to the punishment that is ordered when an individual is found guilty of a criminal offence.
Offences in Canada are listed in the Criminal Code. They include crimes related to people, vehicles and weapons.