SEXUAL INTERFERENCE LAWYER TORONTO

A sexual interference charge under section 151 of the Criminal Code involves an allegation of touching, directly or indirectly, a person under 16 for a sexual purpose.

The Crown must prove the required elements beyond a reasonable doubt. The details of the alleged contact, the complainant’s age, the surrounding circumstances, and the available evidence can all become important.

If police are investigating you or you have been charged, speak with a criminal defence lawyer before making a statement.

What Is Sexual Interference?

Under s.151 of the Criminal Code, sexual interference involves touching, directly or indirectly, with a body part or object any part of the body of a person under 16 for a sexual purpose.

Key issues can include:

• Whether the alleged touching occurred
• Whether the contact was direct or indirect
• Whether an object was involved
• The complainant’s age at the relevant time
• Whether the touching was for a sexual purpose
• Whether the Crown’s evidence proves each element beyond a reasonable doubt

Different Types of Sexual Interference Allegations

Sexual interference allegations can arise in different settings, including:

Direct or Indirect Contact

The allegation may involve direct physical contact or contact occurring indirectly, including through an object.

Multiple Alleged Incidents

Some cases involve allegations of several incidents. Dates, locations, timelines, and the evidence supporting each allegation may need to be examined separately.

Family or Household Allegations

The accused and complainant may be relatives, family friends, former partners, or otherwise known to one another.

School, Coaching, or Care Settings

Allegations can involve teachers, coaches, instructors, caregivers, or other adults who interact with young people.

Online or Technology-Related Cases

Electronic communications may form part of the evidence surrounding an alleged incident, even where the charge itself concerns physical touching.

Historical Allegations

Some charges concern events allegedly occurring years earlier. These cases can involve particular issues with memory, previous statements, witnesses, and records.

Age, Consent and Mistaken Belief

The complainant’s age is a central issue in a s.151 charge because the provision applies to a person under 16.

Consent is generally not a defence to sexual interference involving a person under 16, subject to specific statutory exceptions. The precise ages and circumstances must be considered.

Mistaken beliefs about age are also subject to specific Criminal Code requirements. For an s.151 charge, believing the complainant was 16 or older is not a defence unless the accused took all reasonable steps to ascertain their age.

Evidence and Credibility

Sexual interference cases can involve much more than the complainant’s account.

Evidence may include:

• Text messages and social media
• Emails, photographs, or videos
• Phone and computer evidence
• Witness statements
• Previous statements
• School, employment, medical, or other records
• Timeline and location evidence
• Evidence concerning the relationship between the parties

Where accounts differ, the defence may examine inconsistencies, changes over time, surrounding communications, and evidence that supports or contradicts the allegations.

Potentially relevant evidence should be preserved and not deleted, edited, or altered.

Historical Sexual Interference Allegations

An allegation from years or decades ago can present different evidentiary challenges.

The defence may need to investigate:

• What was originally reported
• Previous accounts or statements
• Memory and recollection
• Available records
• Former witnesses
• Old communications or photographs
• The timeline of the alleged events
• Evidence supporting or contradicting the allegation

The passage of time does not by itself determine the outcome. The available evidence must be assessed in the circumstances of the particular case.

Sexual Interference and Related Offences

Depending on the circumstances, allegations involving a young person may lead to different or additional charges, including:

• Invitation to Sexual Touching
• Sexual Exploitation
• Aggravated Sexual Assault
• Sexual Assault with a Weapon or Causing Bodily Harm
• Historical Sexual Assault
• Sexual Assault
• Other offences arising from the same incident

The distinctions matter. Section 151 concerns alleged touching of a person under 16, while s.152 addresses inviting, counselling, or inciting a person under 16 to engage in specified conduct.

Where the complainant is 16 or 17, other Criminal Code provisions may apply depending on the circumstances.

Bail and Consequences

If arrested or charged, you may be released with conditions or required to attend a bail hearing.

Conditions can restrict:

• Contact with the complainant or witnesses
• Where you can go or live
• Internet or electronic communication
• Employment
• Travel

A conviction can also have consequences involving a criminal record, imprisonment, sex-offender registration, DNA orders, employment, professional licensing, immigration, travel, and reputation.

The consequences depend on the charge, outcome, sentence, and individual circumstances.

How We Defend Sexual Interference Charges

Goodman Berman examines the allegation and evidence rather than assuming the case can be understood from the charge alone.

Our defence preparation can involve:

• Reviewing disclosure and digital evidence
• Examining the legal elements of s.151
• Investigating witnesses and timelines
• Assessing previous statements and credibility issues
• Identifying evidentiary or Charter issues
• Preparing for cross-examination and trial
• Addressing bail and release conditions

The defence strategy depends on the facts and evidence of the individual case.

What You Can Expect From Goodman Berman

• Direct legal advice about your allegations and options
• Confidential communication throughout your case
• Careful evidence review focused on the issues that matter
• Preparation for each stage of the criminal process
• A case-specific defence strategy based on the evidence

If police have contacted you, do not contact the complainant, discuss the allegations with potential witnesses, or delete potentially relevant evidence before getting legal advice.

Frequently Asked Questions About Sexual Interference Cases

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