FIRST OFFENDER? DEFEND LURING CHARGES IN WINDSOR.  1-866-DEFENCE.

Donich Law is a criminal, regulatory and civil law firm based out of Toronto. We regularly service clients in jurisdictions all over the province and occasionally in other provinces. We have devoted a portion of our practice to defending sexual offences including sexual offences against children. We regularly defend individuals charged with child luring, sexual interference, sexual assault, indecent exposure and various child pornography offences.

Child luring is considered a sexual offence in Canada and prosecuted aggressively by the courts in Windsor. If you have been charged with child luring it is important to have experienced legal counsel on your side to defend the allegations.

If you are charged with child luring or another child sex offence in Windsor, it may be important to apply for a publication ban to best protect the integrity of the case.

Our team at Donich Law has experience defending complicated luring cases including individuals charged in the Project Raphael sting, which targeted human trafficking and child luring. We regularly utilize forensic software and computer experts to conduct secondary analysis on evidence gathered by police in the course of their investigations.

In 2016, Donich Law represented an individual charged with 9 counts of child luring in its R. v. A.H. [2016]. The accused individual had allegedly communicated with several minors for the purpose of engaging in sexual activity. After engaging in Crown negotiations, the Firm was able to secure the withdrawal of all 9 charges. For more information on how to defend luring charges, click here.

Donich Law also has experience defending first-time offenders and those who have been wrongfully accused of child luring. The Firm combines negotiation, litigation and risk management to achieve favourable results for our clients.

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. Click here for more information on new changes to sexual child luring laws in 2021.

Toronto Star: Pornhub and Revenge Porn.

Toronto Star: New Corporate Liability for Child Pornography in Canada.

Toronto Star: Police Power and Social Media Companies.

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

Global News: Historical Sexual Assault Charges and Bill Cosby.

CityNews: Jordan Donich comments to CityNews regarding challenges with Sexual Assault Trials in Toronto.

CityNews: Jordan Donich provides expert commentary to CityNews regarding Sexual Assault Prosecution.

Frequently Asked Questions

What to do if you are Accused or Charged with Luring in Windsor?
What will Happen if I am Charged with Child Luring in Windsor?
If I was Speaking to an Undercover Officer, is that Entrapment?
Sentencing for Individuals Convicted of Child Luring in Windsor

Additional Resources

Assault
Assaulting a Peace Officer
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 to do if you are Accused or Charged with Luring in Windsor?

Child luring is considered a sexual offence and is therefore prosecuted aggressively by the Crown’s office in Windsor. If you have been accused of child luring, are concerned you may be accused of child luring, or have already been arrested and criminally charged, it is important to protect your rights. Due to the serious implications, including prison, that regularly accompany a child luring conviction, it is important to consult with legal counsel prior to making any decisions in your case.

It is important not to provide a statement to police. Even information an accused believes is irrelevant or not incriminating may later be used to prove the accused committed the offence as charged. By law, the Crown is required to provide the accused with all evidence that has been collected. This will give an accused individual a clear picture of the Crown’s case and the allegations being made.

An experienced lawyer can assist in reviewing the disclosure material and determining weaknesses in the evidence. These weaknesses can then be exploited to weaken or defeat the Crown’s case. Experienced counsel can assist in developing the defence strategy best suited to the particular allegations.

What will Happen if I am Charged with Child Luring in Windsor?

Child luring is a serious offence and those who are charged must ensure they protect their rights from the outset of the case. When police receive credible information that an adult individual has been engaging in luring behaviour with an individual under the age of eighteen, they will issue an arrest warrant for the accused.

In some cases, the police will receive a tip from the public about potential luring behaviour. In other cases, officers actively searching the internet for this behaviour will come across the accused. It is very common for those charged with child luring to later discover they have been speaking with an undercover police officer rather than a child.

Once an arrest warrant is issued and the accused is arrested, they will be taken into custody and processed. Depending on the nature of the allegations and the accused’s history, they may be released directly from the police station or may be held for bail.

If an accused is held for bail they will be brought before the court and the court will determine whether they will be released and if so, the conditions of release. Those charged with luring and released on bail will be ordered not to be alone in the presence of children, to avoid parks, schools, daycares or anywhere else children are known to frequent, and to notify the court of any changes in name, address or employment.

Once the accused is released from police custody they will be ordered to appear before the court for a first appearance. At the first appearance, the accused may or may not receive their disclosure, and will adjourn their case to a new date in the future. Once full disclosure is received and reviewed, the accused or their counsel can arrange to have a pre-trial with the Crown assigned to the matter. At the pre-trial, the parties may discuss possible resolution or the potential for a trial.

Child luring cases can be complicated and difficult to defend, particularly where the accused was communicating electronically with the minor and there is a record of the conversations. As a result, it is recommended that those charged with child luring in Windsor contact and consult with legal counsel prior to making any binding decisions in their case.

If I was Speaking to an Undercover Officer, is that Entrapment?

It is not uncommon for an individual charged with child luring to later discover they were in fact speaking with an undercover police officer posing as a minor. Police forces across Ontario have dedicated teams tasked with hunting down potential or alleged child predators online. A common tactic is to pose as a child and answer online ads that may appear to be soliciting underage individuals for a sexual purpose.

The defence of entrapment may only be used in a narrow set of circumstances. Entrapment occurs when a police officer provides an individual with the opportunity to commit a crime without reasonable suspicion that the accused has already engaged in that crime. For example, if an undercover police officer posing as a minor sexually propositions an adult online, with no reasonable suspicion that that adult was engaged in child luring, the undercover officer has entrapped the accused.

If, however, an undercover officer posing as a minor has reason to believe the adult is actively engaged in or is looking for a minor to engage in sexual activity with, the officer has not entrapped the accused.

The defence of entrapment is complicated and will only be accepted by the court in certain circumstances. If attempting to argue entrapment on a child luring case it is important to consult with legal counsel.

Sentencing for Individuals Convicted of Child Luring in Windsor

As outlined above, child luring is a serious sexual offence and is prosecuted aggressively by the Crown’s office in Windsor. On sentencing, Crown attorney’s push for prison sentences in the vast majority of cases.

Mandatory minimum prison sentences remain in the Criminal Code, though many have challenged the constitutionality of these provisions. Maximum sentences for those convicted of child luring range from two years less a day to fourteen years in prison, depending on the nature and severity of the allegations and the history of the accused.

Maximum penalties are generally reserved for the most serious cases. This means that the majority of individuals sentenced for child luring are sentenced to something less than the maximum. Those convicted of child luring in Windsor are regularly sentenced to prison, though less than the maximum, and probation.

Quick Facts

Can I keep my Luring Charge Private?

While criminal court in Canada is open to the public, it is possible to have a publication ban ordered which limits the information available to the public. Hiring legal counsel can also assist in keeping a matter private, as counsel can attend many court appearances on behalf of the accused.

Will I go to Jail for Luring in Windsor?

In the vast majority of cases, those convicted of child luring are sentenced to a period of incarceration. For many years the Criminal Code has had mandatory minimum prison sentences for those convicted of child luring, though these minimums have been challenged.

What is Entrapment

Entrapment occurs when a law enforcement official presents an individual with the opportunity to commit a criminal offence, without reasonable suspicion that the individual has already engaged in that criminal offence.

What if I never met the Child in Person?

It is generally not relevant that the accused did not actually meet the minor in person. The fact that the accused took steps towards meeting the minor in person to engage in sexual activity is enough to be considered a criminal offence.

What if I was Speaking with an Adult Posing as a Child?

If the accused person genuinely believed they were speaking with a person under the age of eighteen they are guilty of the offence, regardless of whether the person they were speaking to was actually a minor.

What is the Maximum amount of Prison Time for Child Luring in Windsor?

The maximum penalties for child luring as outlined in the Criminal Code range from two years less a day to fourteen years in prison.

Is Child Luring a Sexual Offence?

Yes. Child luring is considered a sexual offence and is prosecuted aggressively by the Crown’s office in Windsor.