What is Sexual Interference?​

This article is a brief and general overview about Sexual Interference. Sexual Interference is defined under section 151 of the Criminal Code of Canada. Sexual Interference is similar to Sexual Assault, however, it only applies only when the complainant (victim) is under the age of 16. Sexual Interference occurs when a person directly or indirectly touches any part of a person under the age of 16 for a sexual purpose. Sexual Interference differs slightly from Sexual Assault in the sense that in order for a charge of Sexual Interference, it requires that there is a sexual purpose for the touching. It is also important to note that you can also be charged simultaneously with Sexual Assault and Sexual Interference depending on the circumstances of the case. 

​​​​​​​​​​​​​​​

What are some examples of Sexual Interference?​

Some examples of Sexual Interference include: 

​

a) Kissing

b) Fondling

c) Coerced Sexual contact

d) Sexual Contact over the clothes

e) Rape

​​​​​

What are the legal elements needed to prove Sexual Interference?​

For every criminal case, the Crown must prove at least 4 things: 

1. Identity: The Crown must prove that you are the person who committed the crime. 

2. Jurisdiction: You are being charged in the correct court. 

3. Date: The Crown must prove the date when the crime took place when the police say it did. 

4. The elements of the Crime. 

​

In this case, the elements of Sexual Interference are:

a) That you (the accused) touched the complainant for a sexual purpose;

b) That the touching was intentional, and;

c) That you (the accused) knew the person was under 16 or did not take reasonable steps to verify the complainant's age. 

 

​​​​​​​​

What are some possible defences for Sexual Interference? 

In cases of Sexual Interference, the Crown must prove that the touching was intentional and had a sexual purpose. In addition, the Crown must also prove that the accused knew the complainant was a minor or prove that the accused failed to take steps to verify the age of the complainant. As a result of these legal elements, some common defence strategies against the charge of Sexual Interference include arguments that disprove that there was a sexual purpose; or that the touching was accidental and not intentional; or that the accused had taken all reasonable steps to verify the complainant's age.

​

What are the penalties for Sexual Interference? ​

 

For Sexual Interference, it is the Crown's decision whether they decide to proceed by indictment or summarily, and depending on how the Crown chooses to proceed will determine the sentencing for this charge. If the Crown decides to proceed summarily, then you (the accused) are subject to a minimum sentence of 90 days or up to a maximum imprisonment sentence of 2 years less a day. However, if the Crown chooses to proceed by indictment (which is the more serious charge), then the minimum sentence is 1 year imprisonment whilst the maximum sentence is 14 years. ​

​​

​

​

Common FAQs:

​

1. What do you do if you have been charged with Sexual Interference? ​

If you have been charged with Sexual Interference by the police, first contact us. Once retained, Shankar Law Office will continue to advise and guide you so that you can receive the best legal defence for this charge. 

​

​