Toronto Sexual Interference Defence Lawyer

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TORONTO SEXUAL INTERFERENCE LAWYER

We have a dedicated practice to vigorously defending allegations of Sexual Interference. These charges frequently surface decades later and are hard to prove. The Firm finds itself defending people accused of sexually assaulting family members decades ago, where there is no longer any physical evidence and memories are clouded. The clients we handle range from students to retired individuals. We frequently defend new allegations of Sexual touching against children which are alleged to have occurred years or even decades prior. The Firm secured a withdrawal of an allegation of Sexual Assault against a Jehovah Witness in its R. v. R.K. [2014]. It further secured a withdrawal of a Sexual Interference allegation in its R. v. J.P. [2014]. In November, 2015, the Firm secured a withdrawal of two counts of Sexual Assault where two female students fabricated an allegations of Sexual Assault in its R. v. K.C [2015]. In August 2017, after 3 years of litigation in its R. v. M.M. [2017], the Firm secured a withdrawal of a historical Sexual Interference and Sexual Assault allegation from 1977 when the complainant was 5 years old, the allegation was made nearly 40 years later.

The Firm has defended a range of sexual assault allegations, specifically dated allegations of sexual assault and incest as far back as 1977. The Firm frequently comments to the Media on High Profile sexual interference allegations in Toronto. In its R. v. W.C. [2017], it secured a withdrawal of sexual interference and incest from the complainant’s father alleged to have occurred in the 1980s. The Firm frequently deals with Children’s Aid Society and been featured on Global News.

Charges of Sexual Interference often include allegations associated with Child Pornography. Possession or distribution of child pornography is a serious sex offence allegation. In the Criminal Law Group’s R. v. E.G. [2014], it handled one of Toronto’s largest Child Pornography busts, with over 500,000 images and 600 videos of child sexual abuse content seized by Police. Files were being exchanged through what the user thought was encrypted file-sharing communication. The Criminal Law Group critically analyzed the Production Orders from the file sharing domains, Search Warrant and other invasive police search tactics used to compromise the encrypted file-sharing program.

In the Firm’s R. v. D.N. [2016], after a 3 day trial, the Firm secured a full acquittal on all counts of Sexual Assault, Sexual Interference and Invitation to Sexual Touching where the accused was alleged to have sexually assaulted a 10 year old child a decade ago. The Firm further secured a withdrawal of both Sexual Assault and Sexual Interference in its R. v. P.W. [2016], where the accused was alleged to have sexually assaulted his daughter in 2005. In the Firm’s R. v. J.S. [2017], after 2 years of litigation, it secured a withdrawal of two counts of Sexual Assault where the accused allegedly sexually assaulted a Canada Post co-worker.

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.

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

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

Frequently Asked Questions

What is Sexual Interference?
What are some of the Penalties for Sexual Interference?
What is Incest?
What is the SOIRA s.490.012 order?
What is the Duration of a SOIRA order?
What is a s.161 Order?
What is Child Pornography?
Can Child Pornography be Written Material?
What is Making, Printing and Publishing Child Pornography?
What is Transmitting, Distributing or Making Available Child Pornography?
What is Accessing Child Pornography?
What is Possession of Child Pornography?

Additional Resources

Sexual Assault
Internet Sex Crimes Database
Other Sex Crimes Resources
Voyeurism

What is Sexual Interference?

Section 151 of the Criminal Code sets out that sexual interference is touching a person under the age of sixteen, either directly or indirectly, for a sexual purpose. To obtain a conviction for sexual interference, the Crown must prove:

  1.  The complainant was under the age of sixteen at the time of the event;
  2. The accused touched the complainant;
  3. The touching was for a sexual purpose;
  4. The accused knew the complainant was under the age of sixteen or did not take reasonable steps to ascertain the complainant’s age.

What are some of the Penalties for Sexual Interference?

Penalties for sexual interference will vary depending on the specific circumstances of the offence, the characteristics of the offender and complainant and the presence of aggravating or mitigating factors.

Section 151 of the Criminal Code sets out that a conviction for sexual interference can result in up to ten years imprisonment when the Crown proceeds by indictment. There is a minimum penalty of one-year imprisonment. The Crown may also proceed summarily, in which case the offence is punishable by up to eighteen months imprisonment. There is a minimum penalty of ninety days imprisonment.

What is Incest?

Incest is the act of engaging in sexual intercourse with a relative. Section 155(1) of the Criminal Code sets out that an individual commits incest when he or she engages in sexual intercourse with someone knowing that person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild.

To be convicted of incest there must be:

  • Sexual intercourse;
  • Between persons who are one of the following blood relations to each other: parent, child, brother, sister, grandparent or grandchild;
  • It must have been known the parties were of blood relation.

What is the SOIRA s.490.012 order?

A SOIRA order is an order made at sentencing pursuant to Section 490.012 of the Criminal Code for an offender to comply with the Sex Offender Information Registration Act. Orders can be made after an offender is convicted, pleads guilty or is found not criminally responsible. SOIRA orders are made after a designated sexual offence is committed. The order requires offenders convicted of sexual offences to register their information in the SOIRA database. The database is accessible to police and contains addresses, descriptions and other information about convicted offenders.

Offenders are obligated to keep SOIRA information up to date for the duration of the order. Failure to do so is a criminal offence.

What is the Duration of a SOIRA order?

SOIRA orders can be made for a period of ten years, twenty years or life. The length of the order depends on the type of offence committed.

What is a s.161 Order?

Section 161 of the Criminal Code allows an order to be made prohibiting convicted offenders from certain activities that may have them in contact with persons under the age of sixteen. These orders are made when an offender is convicted of a designated offence concerning a person under the age of sixteen. Section 161 orders are meant to be preventative in nature by protecting children and young persons from convicted offenders.

What is Child Pornography?

There is often considerable misunderstanding as to the scope of content which falls within the statutory definition of child pornography. Section 163.1 of the Criminal Code defines child pornography as a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means, that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years.

Can Child Pornography be Written Material?

Any written material, visual representation or audio recording that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under the Criminal Code. Any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would also be an offence.

What is Making, Printing and Publishing Child Pornography?

Making, printing and publishing or possessing child pornography for the purposes of publication is a criminal offence under Section 163.1(2) of the Criminal Code. Making child pornography includes taking videos or photos on any device. To prove the offence of making, printing and publishing child pornography the Crown must prove that the accused committed the guilty act and that he or she intended to. Specifically, the Crown must prove the following elements:

  1. The accused did the act of making, printing, publishing or possessing for the purpose of publishing materials;
  2. The materials were child pornography, meaning they involved someone under the age of 18 engaging in sexual activity;
  3. The accused intended to perform the act or making, printing or publishing;
  4. The accused knew or was willfully blind to the materials being child pornography.

What is Transmitting, Distributing or Making Available Child Pornography?

Transmitting, making available or distributing child pornography is a criminal offence under Section 163.1(3) of the Criminal Code. A person can be charged with distribution, transmitting or making available child pornography anytime they assist another person in accessing child pornography, whether by sharing a link or image, selling or exporting.  To prove the offence of transmitting, making available or distributing child pornography the Crown must prove that the accused committed the guilty act and that he or she intended to. Specifically, the Crown must prove the following elements:

  1. The material in question was child pornography;
  2. The child pornography was made available, distributed, sold, advertised, imported, exported or possessed for the purpose of transmission by the accused;
  3. The accused had the intent to make the child pornography available to others.

What is Accessing Child Pornography?

Accessing child pornography is a criminal offence under Section 163.1(4.1) of the Criminal Code. It is possible to be charged with an offence of accessing child pornography without actually possessing it. For example, an individual can be charged for knowingly opening a file or a link to a web-site to view child pornography. A person accesses child pornography when he or she knowingly causes child pornography to be viewed by, or transmitted to, himself or herself. To prove the offence of accessing child pornography the Crown must prove that the accused committed the guilty act and that he or she intended to. Specifically, the Crown must prove the following elements:

  1. The accused obtained access to materials;
  2. The materials accessed were child pornography;
  3. The accused knew or was willfully blind to the nature of the materials.

What is Possession of Child Pornography?

Possession of child pornography is a criminal offence under Section 163(4) of the Criminal Code. Possession requires you to have the materials under your control. To prove the offence of possessing child pornography the Crown must prove the accused committed the guilty act and that he or she intended to. Specifically, the Crown must prove the following elements:

  1. The accused possessed images, videos or texts;
  2. The accused intended to possess the media;
  3. The images, videos or texts were child pornographic.

The Crown does not need to prove that the accused had knowledge of the contents of the images, videos or texts. Possession does not require that an accused view the materials. However, it is possibly to innocently possess something if you have it for the sole purpose of destroying it or reporting it to the police.

416-DEFENCE | 416-333-3623

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