FIRST OFFENDER? DEFEND SEXUAL INTERFERENCE CHARGES IN OTTAWA. 1-866-DEFENCE.
If you have been arrested and charged with a criminal offence, especially a sexual offence, it is important to protect your rights. The best way to do this is to hire experienced legal counsel to advocate for you. Sexual interference is a very serious criminal offence. All sexual offences involving children are investigated, prosecuted and sentenced harshly.
Donich Law has devoted a portion of its practice to representing those charged with sexual interference and other sexual offences. We have experience defending individuals charged with sexual offences all over Southern Ontario. We can help protect your rights and develop the best strategy to defend the allegations against you. In Canada, there is no limitation period for sexual offences. This means that an individual may be arrested and charged with sexual interference or any other sexual offence even decades after the alleged incident. Donich Law also has experience defending historical sexual assaults, first time offenders and those who have been wrongfully accused.
Being charged with sexual interference will result in specific prohibition orders restricting your contact with children. Given the severity of these charges, obtaining a publication ban may be an option.
In 2021, Donich Law defended an individual charged with one count of sexual interference and one count of sexual assault in British Columbia and two counts of sexual interference and two counts of sexual assault in Toronto in R. v. V.G. [2021]. The client was arrested and charged after allegations were leveled by two different complainants who alleged they were sexually assaulted by the accused roughly three decades ago. The Firm negotiated to have the charges stemming from B.C. waived to Toronto to allow for a global resolution. The Firm ultimately resolved the matter without any jail time for the client.
In 2018, the Firm represented a client charged with eleven counts of invitation to sexual touching and sexual interference in R. v. C.Z. [2018]. After proving that the allegations had been fabricated, the Firm was able to secure the withdrawal of all eleven charges.
In 2015, the Firm represented a client charged with sexual assault in R. v. K.C. [2010]. After proving that the complainants had fabricated the allegations, the Firm was able to secure the withdrawal of all charges against the accused.
In 2010, the Firm represented a client charged with invitation to sexual touching, sexual assault and sexual interference in R. v. A.E. [2010]. The allegations stemmed from an incident allegedly occurring in 1985. After more than a year of litigation the Firm was able to put forth evidence showing that the complainant had fabricated the incident. All charges against the accused were ultimately withdrawn. Click here to know more about defending sexual interference.
If you have been charged with sexual interference in Ottawa it is important to contact experienced legal counsel as soon as possible. Donich Law can protect your rights and assist in developing the best defence for your set of allegations. Click here for more information on new changes to child sex offence sentencing. Click here for more information on new changes to sexual assault laws in 2021.
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 Radio: Justin Bieber facing allegations of Sexual Assault.
Global News: Historical Sexual Assault Charges and Bill Cosby.
Global News: Riding solo: What age should kids take transit alone?
AM900 CHML: Children’s Aid Society has too much power.
Legal Information
Frequently Asked Questions
What is Sexual Interference?
What if the Complainant Consented to or Initiated the Sexual Activity?
What is the Age of Consent in Canada?
What is Invitation to Sexual Touching?
What are the Best Defences to Sexual Interference in Ottawa?
What are the Maximum Penalties for Those Convicted of Sexual Interference in Ottawa?
What are the Maximum Penalties for Those Convicted of Invitation to Sexual Touching in Ottawa?
Additional Resources
Assault
Assaulting a Peace Officer
Children’s Aid Society
Sexual Assault Law in Canada
Sex Offender Prohibition Orders
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
How Does the Crown Prove Sexual Interference in Brampton?
Sexual interference is outlined in section 151 of the Criminal Code. It states that an individual is guilty of an offence when they, for a sexual purpose, touch either directly or indirectly, with a part of their body or an object, any part of the body of an individual under the age of sixteen. To be guilty of this offence the accused individual must have had knowledge of the complainant’s age. The accused must not have been willfully blind or reckless as to the true age of the complainant. Further, the accused must have taken reasonable steps to ascertain the true age of the complainant prior to engaging in sexual activity of any kind.
What if the Complainant Consented to or Initiated the Sexual Activity?
In cases involving sexual interference, it is not relevant that the complainant consented to or initiated sexual activity with the accused. In Canada, an individual under the age of sixteen is incapable of legally consenting to sexual activity of any kind with an adult. As a result, even if a minor is agreeable to sexual activity, or initiates it, the adult party will still be guilty of an offence if they are aware of the true age of the complainant.
What is the Age of Consent in Canada?
In Canada, the age of consent is sixteen years old and eighteen years old where the adult in the relationship holds a position of trust or authority over the minor. This means that individuals under the age sixteen are legally incapable of consenting to sexual activity of any kind with an adult. As such, age of consent will only become relevant in sexual relationships where one party is over the age of eighteen and the other party is a minor. An individual who engages in sexual activity with a person who has not yet reached the age of consent is guilty of sexual interference even where the minor was agreeable to or initiated the sexual activity.
There are “close in age” exceptions to the age of consent. A minor who is fourteen or fifteen years old may consent to sexual activity with someone up to five years older than them as long as the older party does not hold a position of trust or authority over the younger party. A minor who is twelve or thirteen may consent to sexual activity with an individual up to two years older than them as long as the older party does not hold a position of trust or authority over the younger party.
What is Invitation to Sexual Touching?
Invitation to sexual touching is outlined in section 152 of the Criminal Code. It states that an individual has committed a criminal offence when they, for a sexual purpose, counsel, invite or incite a person under the age of sixteen to touch, either directly or indirectly, with a part of the body or with an object, any part of the body of any individual. Essentially, this makes it a crime to invite a person under the age of sixteen to engage in sexual touching of any kind.
What are the Best Defences to Sexual Interference in Ottawa?
Sexual interference offences can be particularly difficult to defend in some cases. This is due to the significant time and resources invested into investigating, arresting and prosecuting those suspected of engaging in sexual activity with minors. In Ottawa, three defences commonly used to defend sexual interference allegations include; arguing innocence, lack of intent or honest but mistaken belief.
In some instances, those who are accused of sexual interference have been wrongfully accused. While a criminal defendant is under no obligation to present evidence to the Court proving their innocence, it may be prudent to do so in these cases. If an individual has been wrongfully accused, it is important to present any evidence that tends to prove this.
An individual accused of sexual interference may also argue that they lacked the necessary intent to be guilty of the offence. To gain a conviction, the Crown must prove that the accused touched the minor for a sexual purpose. If there was no sexual purpose to the touching the accused cannot be found guilty of the offence. For example, an adult who touched their child’s genitals while giving them a bath would not be guilty of an offence because the touching was not for a sexual purpose.
In other circumstances, an accused may be able to put forth the defence of honest but mistaken belief. Where an accused honestly believed that the complainant was over the age of consent at the time the sexual interference occurred, they may not be guilty of a criminal offence. This defence will not be successful where an accused is willfully blind or reckless as to the true age of the complainant. Further, the accused must have taken reasonable steps to ascertain the true age of the complainant prior to engaging in any sexual activity.
If you have been charged with sexual interference in Ottawa Donich Law can assist you in developing the correct strategy to defend the allegations against you.
What are the Maximum Penalties for Those Convicted of Sexual Interference in Ottawa?
Sexual interference is a very serious sexual offence and is prosecuted aggressively by Crown’s across the country. Those who are convicted are routinely sentenced to periods of incarceration. Sexual interference is a hybrid offence. This means that a case may be prosecuted summarily or by indictment at the discretion of the Crown. In cases involving serious allegations the Crown will proceed by indictment and ill all other cases summarily.
Where the Crown proceeds by indictment, an accused will face a maximum of ten years in prison. Where the Crown proceeds summarily, the accused will face a maximum of two years less a day in prison and/or up to a $5,000 fine. When determining the appropriate sentence for an offender the Court will weigh all aggravating and mitigating factors in the case.
What are the Maximum Penalties for Those Convicted of Invitation to Sexual Touching in Ottawa?
Invitation to sexual touching is a hybrid offence. Such a case may be prosecuted by indictment or summarily at the discretion of the Crown. The Crown will make this determination based on the nature and severity of the allegations. In cases involving serious allegations, the Crown will proceed by indictment and in all other cases summarily.
Where the Crown proceeds by indictment, an accused will face a maximum of fourteen years in prison. Where the Crown proceeds summarily, the accused will face a maximum of two years less a day in prison and/or a $5,000 fine.
Due to the very serious criminal sanctions that may be imposed on an individual who is convicted of invitation to sexual touching, it is important to consult with qualified legal counsel to ensure your rights are protected.
Quick Facts
What is Sexual Interference?
As outlined in section 151 of the Criminal Code, an individual has committed sexual interference when they, for a sexual purpose, make physical contact either directly or indirectly, with an object or a part of the body, with any part of the body of a person under the age of sixteen.
What if Invitation to Sexual Touching?
As outlined in section 152 of the Criminal Code, 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 to touch, either directly or indirectly, with a part of the body or an object, the body of any person, including the person who so invites, incites or counsels and the body of the person under the age of sixteen.
Will I go to Jail for Sexual Interference?
In many cases, yes. Sexual offences involving children are considered particularly serious in Ottawa and throughout Canada. As a result, offenders are commonly sentenced to periods of incarceration upon conviction.
Will I go to Jail for Invitation to Sexual Touching?
In many cases, yes. Sexual offences involving children are investigated and prosecuted aggressively. Additionally, those who are convicted are often sentenced harshly. Whether or not an offender will be sentenced to prison for their crimes will depend on their criminal history, the nature and severity of the allegations and any other aggravating or mitigating factors.
What if I am a First-Time Offender Charged with Sexual Interference?
Due to the serious nature of sexual interference charges, those who are convicted, even as first-time offenders tend to be sentenced harshly. It is not uncommon for first-time offenders convicted of sexual interference to be sentenced to a period of incarceration.
What if the Complainant Lied About Their Age?
To be convicted of sexual interference an accused must have had knowledge that the complainant was under the age of consent at the time the sexual activity occurred. If the complainant took positive steps to conceal their true age and the accused took reasonable steps to ascertain the true age of the complainant and still believed they were over the age of consent, the accused cannot be convicted.
Will I be a Sex Offender if I am Convicted of Sexual Interference?
Yes. The Criminal Code states that an individual who is convicted of a designated sexual offence will be required to register as a sex offender under the Sex Offender Information Registration Act (SOIRA) on a mandatory basis. Sexual interference is a designated sexual offence. As a result, offenders will be required to register for as a sex offender for ten years, twenty years or life as ordered by the Court.