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Our Experience

In the case of R. v. S.T. [2024], handled by the Firm, a school photographer was wrongfully accused of sexual assault, facing nine charges involving three child complainants. The allegations allegedly happend while the photographer was at the school. This high-profile case saw the Firm develop a comprehensive strategy, underpinned by concrete evidence. The police and prosecution overlooked crucial details in the video surveillance. The defence initiated two pre-trial motions, successfully requiring the employer of the accused to produce defence evidence. This evidence was critical for cross-referencing the data provided by law enforcement. After about 18 months court, including a trial, the Firm secured an acquittal on all charges, fully exonerating the accused.

In the Firm’s R. v. J.C. [2024], the Firm defended a historical sexual interference case from the 1980s. It was alleged that the client of the Firm was the babysitter of the complainant at the time who was a child. Over several decades the complainant came forward with the allegations to law enforcement. The accused was eventually charged and was now being prosecuted in his retirement. Over a year of litigation, the Firm discovered that the prosecution lost key evidence which resulted in a s.7 Charter defence. We were also able to confirm the accused was not read his rights to counsel, which means his statement was excluded from evidence. After proceeding to trial, the Firm was able to secure a withdrawal of all charges against the accused without any admission or consequences.

In 2021, the Firm represented an individual charged with two counts of sexual assault and two counts of sexual interference in Toronto as well as one count of sexual assault and one count of sexual interference in British Columbia in R. v. V.G. [2021]. The accused was alleged to have sexually assaulted two different young complainants roughly 30 years ago. The Firm had the B.C. charges waived to Toronto and resolved the matter globally without any jail time for the accused. This represented one of the lowest sentences in Canada. The accused was initially facing 5-7 years in jail.

In 2019, Donich Law represented an individual charged with sexual interference and invitation to sexual touching in Perth, Ontario in R. v. A.E. [2019]. The accused was alleged to have engaged in sexual activity with a family member while both individuals were children in 1985. The Firm litigated the matter for more than a year, ultimately proving that the complainant had fabricated the allegations in an attempt to gain control over a family inheritance. The defence was required to proceed to trial and conducted a contested application to vary the accused’s bail conditions. The Firm’s strategy eventually resulted in the Crown withdrawing all criminal charges.

In 2018, Donich Law represented an individual charged with invitation to sexual touching, sexual assault, and sexual interference in R. v. D.D. [2018]. The trial was held in youth court as the allegations dated back to more than 20 years prior when the accused was a young person. The Firm was able to show the complainant was inconsistent based on the evidence she gave in another proceeding, where a different family member was also simultaneously accused. The two trials with different family members proceeded together, where the Firm ultimately secured an acquittal at trial.

In 2018, Donich Law represented an individual charged with 11 counts of sexual assault and sexual interference in R. v. C.Z. [2018]. The charges were brought forward by multiple children. After months of litigation the Firm was able to raise suspicion about collusion between family members. Proceedings involving children are handle differently in the justice system, so care should be taken by defence during cross-examination. In some cases, child complainants will have to testify between a screen or in a separate room by video link. The Firm was eventually able to have 10 of the charges withdrawn.

Common Sexual Assault Defences used by Lawyers

Donich Law - International Child Pornography Investigations we have Defended

In the Firm’s R. v. T.B. [2022], it secured a dismissal of all child sexual assault charges in Oshawa. The allegations were advanced by the son of the accused for an alleged incident that occurred in 1992, when the father was alone with his son. As with many historical sexual assault charges, they involved allegations of sexual interference and invitation to sexual touching. The defence was required to bring a complex s.276 application and was ultimately successful, utilizing evidence against the complainant at trial, specifically that he was once reported to the police for sexually assaulting another family member. This argument was combined with a section 11(b) Charter application for delay in getting to trial. At trial the defence was also able to prove the complainant’s memory was affected by years of drug abuse along with the theory that revenge was a motivating factor for fabricating the allegations. The defence was able establish through testimony by the ex-wife that a bitter divorce from 30 years ago pitted the biological mother and son, against the father.

New Changes to Sexual Assault Laws in 2026

In 2017, the Firm secured a withdrawal in its R. v. M.M. [2017], of sexual assault and sexual interference allegations after three years of litigation. The allegations dated back to 1977 when the complainant was five years old. The file proceeded to the Superior Court where the Firm conducted a preliminary inquiry at the time. The Firm was able to extract evidence from the complainant regarding her alleged therapy. This information was then used by the defence as the basis for a third party records application to review the therapy notes. With the developments that followed, the Crown agreed to withdraw all charges.

In 2025, the Firm represented an individual charged with several child sexual abuse offences including make available sexual material to a child, luring a child, making child pornography, possessing child pornography, accessing child pornography, invitation to sexual touching, sexual assault and sexual interference in the R. v. V.D. [2025]. The client was charged after engaging in an inappropriate relationship with an individual under the age of 18 which including exchanging inappropriate text messages and media content. The accused was in a position of trust and authority over the complainant when they met, further aggravating the situation. The accused was arrested after the mother of the complainant discovered the relationship and reported it to law enforcement. The Firm litigated the matter for more than two years, ultimately having six of the charges against the client withdrawn.

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Frequently Asked Questions

What to do if Charged with Sexual Interference

Police will lay a sexual interference charge where there is an allegation that the accused engaged in sexual activity with a person under the age of consent. Sexual interference charges are often laid along with charges for sexual assault. This is because an individual under the age of consent cannot legally consent to sexual activity with an adult.

If you have been accused of sexual interference, it is important to get legal advice early. Given the seriousness of a sexual interference charges, it is important to understand your rights. Experienced legal counsel can assist you in navigating the criminal justice system, in protecting your rights throughout the process, in identifying and preserving any useful evidence, and in preparing a sound legal defence tailored to the facts of your case.

When an allegation of sexual interference is made it is important to identify and preserve any inculpatory evidence right away. It can take a significant amount of time to get to trial. Evidence may be lost and memories tend to fade over time. As a result, it is important to preserve evidence early on and document everything while it is fresh in your memory to ensure the information is accurate and reliable.

What is the Age of Consent in Sexual Interference Cases?

In Canada, the age of consent is generally 16 years old. This means that an individual who is 16 or older is legally capable of consenting to sexual activity with an adult. Anyone under the age of 16 however, cannot legally consent to sexual activity with an adult. This means that an adult who engages in sexual activity with a young person is guilty of sexual interference even if the young person is agreeable to the activity.

However, where the adult is in a position of trust or authority over the young person, the age of consent becomes 18. A position of trust or authority exists where the adult has some sort of control over the young person or is in a position of trust. This includes family members, teachers, coaches, family friends, employers, or anyone else a young person relies on.

The law also provides a close in age exception for individuals under the age of consent. The close in age exception allows 14 or 15 year old individuals to engage in sexual activity with an individual who is no more than five years older than them. For individuals 12 or 13 years old, they may engage in sexual activity with individuals no more than two years older than them.

What types of Evidence is Used in Sexual Inference Cases?

The most common type of evidence in sexual interference cases and in many sexual offence cases, is witness testimony. When a complainant makes an allegation of sexual interference to police, it will be videotaped and become part of the disclosure in the case. Should the matter go to trial, the complainant will testify and provide the Court with evidence regarding what occurred. In some cases, this is the only evidence presented at trial. A complainant’s evidence alone, if believed by the Court, is enough to convict an offender.

Due to the nature of the offence, evidence from other witnesses and/or physical evidence is less common. Typically, sexual inference offences are committed in private. In many cases, victims take a significant amount of time to come forward with their allegations. Sometimes allegations are not made for years or even decades. In these situations, it is rare to have other evidence. As noted above however, an accused can be convicted on the statement of the complainant alone.

What are Common Sentences for Sexual Interference?

Those convicted of sexual interference face severe penalties. Given that sexual interference is a hybrid offence, the Crown on each case will review the file and elect whether to proceed summarily or by indictment. Their selection will depend on a number of factors including when the alleged offence occurred and the seriousness of the allegations.

Where the allegations are serious or occurred more than a year prior, the Crown will proceed by indictment, which increases the maximum penalty that may be imposed. The maximum penalty that may be imposed on indictment is 14 years in prison with a mandatory minimum of one year in prison. Where the Crown proceeds summarily, the maximum penalty an offender will face is two years less a day in jail and a minimum of 90 days in jail.

In reality, offenders are typically sentenced to somewhere between two years and upper single digit prison sentences. The sentencing Court will consider a number of factors including the severity of the offence, characteristics of the complainant and the impact the offence had on them, and characteristics of the accused including whether they have shown insight and/or remorse.

The nature of the allegation will play a large role in the sentence imposed. For example, an individual who inappropriately touched a young person over their clothes is guilty of sexual interference but is likely to be sentenced far more leniently than an individual convicted of having intercourse with a minor.

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Recent Cases

R. v. D.R.M., 2025 ONSC 5741

In the 2025 case of R. v. D.R.M., the offender was convicted of sexual interference after sexually assaulting his 12 year old niece. At trial the Court heard evidence that the offender sexually touched the complainant on four separate occasions. The offender had no criminal record and had lived an otherwise prosocial life according to his family. In determining the appropriate sentence, the Court considered the degree of the interference, the number of incidents, the age of the complainant, and the complainant’s relationship to the offender. In this case the Court noted that the offender was in a position of trust and authority as the complainant’s uncle who lived in her home. The Court sentenced the offender to five years in prison and ordered that he provide a sample of his DNA and register as a sex offender for 20 years.

R. v. J.K., 2025 ONCA 234

In the 2025 case of R. v. J.K., the offender appealed his sentence after being convicted of sexual interference and sentenced to 4.5 years in prison. The offender was convicted of having sexual intercourse with a 14 year old when the offender was in his mid-30’s. The Court dismissed the appellant’s appeal. The Court stated that the sentencing Court made no errors when imposing 4.5 years in prison on the offender. Citing the landmark Supreme Court of Canada case of R. v. Friesen, 2020 SCC 9, [2020] 1 S.C.R. 424, the appeal court found that the sentence fit within the sentencing range outlined by the Supreme Court. In Friesen, the Supreme Court indicated that mid-single digit prison sentences for those convicted of sexually abusing children is the norm even where there is only one instance of sexual violence.

R. v. J.S., 2026 ONSC 830

In the 2026 case of R. v. J.S., the offender was convicted after trial of one count of sexual interference. The Court found that the offender had sexually abused his 12 year old niece on multiple occasions including touching her inappropriately and engaging in sexual intercourse with her.  The offender had no criminal record. At sentencing, the Crown sought the maximum penalty of 14 years imprisonment. The defence proposed two years less a day of house arrest, arguing that the offender was the only source of income for his young family. The Court noted several aggravating factors in the case including the complainant’s age and familial relationship with the offender. The Court ruled that the appropriate sentence in the case was one of six years prison, a DNA order, and a lifetime SOIRA order.

About the Author

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Jordan Donich

Jordan Donich has been a Lawyer for over 10 years and is a trusted legal analyst by Canadian Media. He is as a leader in Canada’s tech sector for lawyers and developer of Law Newbie. Jordan is a Black Belt with the Japan Karate Association and trained in Krav Maga. He won a Gold Medal at 2004 Canadian National Championships and was published in the National Newspaper Awards.

Jordan has been featured in Forbes, Canadian Lawyer and is a member of DMZ Angels in Toronto.