INVITATION TO SEXUAL TOUCHING LAWYER TORONTO

If you have been charged with invitation to sexual touching in Toronto, you are facing a serious sexual offence allegation under section 152 of the Criminal Code.

Unlike some sexual offences, a section 152 allegation does not require the Crown to prove that the invited touching actually occurred. The offence concerns an allegation that a person, for a sexual purpose, invited, counselled, or incited someone under 16 to engage in specified conduct.

Goodman Berman, Barristers, defends the invitation to sexual touching and related sexual offence charges throughout Toronto and Ontario.

Charged with Invitation to Sexual Touching? Act Immediately

A section 152 investigation can begin with a police interview, online communications, a report from a parent or guardian, or evidence obtained from a phone, computer, or social media account.

Do not assume that explaining the circumstances to police will resolve the investigation. Speak with a criminal defence lawyer before answering questions or providing a statement.

Early legal advice can help you:

• Understand the specific allegation
• Protect your rights during the investigation
• Assess the available evidence
• Preserve relevant communications
• Address bail or release conditions
• Identify weaknesses in the Crown’s case
• Understand potential employment, travel, immigration, and reputational consequences

If police have contacted you about an invitation to sexual touching allegation, speak with a lawyer before making a statement.

What Is Invitation to Sexual Touching?

Section 152 of the Criminal Code makes it an offence, for a sexual purpose, to invite, counsel, or incite a person under 16 to:

• Touch their own body
• Touch the body of the person making the invitation
• Touch the body of another person
• Touch directly or indirectly, including with an object
• Expose their own sexual organs

The allegation can therefore concern words, messages, communications, or other conduct said to constitute an invitation or encouragement.

Actual Touching Does Not Have to Occur

One of the most important issues in a section 152 case is understanding what the Crown is actually required to prove.

An allegation can be based on an invitation, counselling, or incitement. The Crown does not necessarily have to prove that the invited touching actually happened.

This makes the precise wording and context of communications particularly important.

Types of Invitation to Sexual Touching Allegations

Section 152 allegations can arise in different circumstances, including:

Online Messages and Social Media

Police may investigate text messages, social media conversations, direct messages, emails, or other online communications.

Video or Voice Communications

Allegations may involve statements made during video calls, phone calls, gaming platforms, or other forms of electronic communication.

In-Person Conversations

A section 152 allegation can also arise from statements or conduct that allegedly occurred in person.

Invitations Involving the Accused

The allegation may involve an invitation for the person under 16 to touch the accused.

Invitations Involving Another Person

The alleged invitation may concern touching another person’s body.

Invitations Involving an Object

The Criminal Code expressly includes indirect touching and touching with an object.

Invitations to Sexual Exposure

Section 152 also covers allegations that a person under 16 was invited, counselled, or incited, for a sexual purpose, to expose their own sexual organs.

The Age of the Complainant Matters

Section 152 specifically applies to a person under the age of 16. The complainant’s age at the relevant time can therefore be an important issue in the case.

The circumstances surrounding age, identity, communications, and the timing of the alleged conduct should be carefully reviewed.

What Does “Sexual Purpose” Mean?

The Crown must establish that the alleged invitation, counselling, or incitement was made for a sexual purpose.

The context may therefore matter significantly. A lawyer may examine the complete conversation, surrounding communications, the relationship between the parties, and the circumstances in which the alleged words or conduct occurred.

An isolated message or statement should not necessarily be viewed without the surrounding evidence.

Evidence in Invitation to Sexual Touching Cases

These cases can involve extensive digital evidence, including:

• Text messages
• Social media messages
• Emails
• Phone records
• Photos and videos
• Gaming or messaging platforms
• Screenshots
• Police interviews
• Statements from witnesses
• Computer and phone evidence

Digital evidence should be examined in its complete context. Messages can be incomplete, deleted, misunderstood, or presented without the communications that came before or after them.

How We Defend Invitation to Sexual Touching Charges

The defence strategy depends on the particular allegation and evidence.

Our lawyers may examine:

• What was actually said or communicated
• Whether the accused made the alleged invitation
• Whether the communication was directed to a person under 16
• Whether the Crown can establish a sexual purpose
• The complete context of conversations
• Whether screenshots or messages are complete and reliable
• How digital evidence was obtained
• Witness evidence and credibility
• Police interviews and investigative methods
• Whether the Crown can prove every required element beyond a reasonable doubt

The Crown bears the burden of proving the charge beyond a reasonable doubt.

Online Invitation to Sexual Touching Allegations

Online communications can play a central role in section 152 investigations.

A conversation may involve multiple platforms, deleted messages, screenshots, changing usernames, or communications taken out of context. Your lawyer should examine the complete digital record where available rather than relying solely on selected messages.

Do not delete or alter potentially relevant communications. Speak with a lawyer before attempting to explain or organize digital evidence for police.

Related Sexual Offence Charges

An invitation to sexual touching allegation may arise alongside other criminal allegations depending on the circumstances.

Related offences can include:

• Sexual interference
• Sexual assault
• Sexual exploitation
• Sexual assault with a weapon or causing bodily harm
• Aggravated sexual assault
• Historical sexual assault
• Other Criminal Code sexual offences

The appropriate defence depends on the specific charge and the evidence supporting each allegation.

Bail and Release Conditions

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

Conditions may restrict:

• Contact with the complainant
• Communication with witnesses
• Internet or electronic communications
• Where you can go
• Where you can work
• Travel
• Other aspects of your daily life

Do not contact the complainant or breach a release condition. Speak with your lawyer before taking action that could affect your release.

Employment, Immigration and Reputation

A sexual offence investigation or charge can create serious consequences beyond the criminal proceeding.

Depending on your circumstances, you may be concerned about:

• Employment
• Professional licensing
• School or educational opportunities
• Immigration status
• Travel
• Family relationships
• Reputation

If these issues are relevant to you, tell your lawyer early so they can be considered as part of your overall legal strategy.

What You Can Expect From Us

• Confidential communication
• No judgment
• Direct communication with counsel
• Clear explanation of your options
• Prompt attention to urgent issues
• Strategic advice before speaking to police
• Preparation for each court appearance
• Honest assessment of strengths and weaknesses

What Should I Do If Police Want to Talk to Me?

Do not assume that speaking with police without legal advice will help your situation.

You have the right to speak with a lawyer before responding to an investigation. Tell your lawyer exactly what police have asked you and follow their advice before providing a statement or attending an interview.

Do not contact the complainant to discuss the allegation.

Frequently Asked Questions About Invitation to Sexual Touching Cases

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