SEXUAL INTERFERENCE
Criminal Defence Lawyer defends sexual interference charges – Toronto, Brampton, Mississauga, North York
A person charged with sexual interference with a person under 16 years of age will often also be charged with a sexual assault. If you are found guilty of sexual interference with a person under 16 years old, you will automatically be subject to a Sex Offender Information Registration Act (“SOIRA”) order. This means that you must provide your information to the National Sex Offender Registry, a database maintained by the RCMP and accessible by all accredited Canadian police agencies which allows the police to investigate and prevent crimes of sexual nature. Securing legal representation by a skillful and strategic criminal defence lawyer is highly recommended, if not essential, in order to defend any sexual assault and sexual interference charge.
Criminal Code
What is Sexual Interference?
Under section 151 of the Criminal Code, sexual interference is when a person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under age 16 years. Sexual interference includes the use of an object to make contact for a sexual purpose. The Crown must prove beyond a reasonable doubt that the person accused intended to touch the child for a sexual purpose. It is well established in law that a person under the age of 16 cannot legally consent to a sexual activity, except in very narrow circumstances, such as a 14 or 15-year-old can consent if the other person is less than five years older and there is no relationship of trust, authority or dependency between the two persons.
Punishment for Sexual interference and Related Penalties
Sexual offences against children are considered very serious offences and attract considerable jail sentences. On summary convictions, the maximum sentence for sexual interference is imprisonment of two years less a day. For indictable offences, the maximum sentence is imprisonment for 14 years. As indicated above, if you are found guilty of sexual interference with a person under 16 years old, you will automatically be subject to a Sex Offender Information Registration Act (“SOIRA”) order. The public does not have access to the National Sex Offender Registry. The database will contain your name, date of birth and current address, a current photograph and identifying marks, vehicle information and driver’s license, employment information and address, passport information, and sexual offence(s) for which the person has been convicted. The duration of the SOIRA order is either 10 years, 20 years, or for life depending on factors such as the maximum penalty for the offence committed. If you are convicted of sexual interference charge, under section 161 of the Criminal Code, the judge can impose an order prohibiting you from going to places center where persons under the age of 16 are present or can reasonably be present, such as a public park, schoolground, community. The order can also prohibit you from seeking, obtaining or continuing employment that involves being in a position of trust or authority towards persons under the age of 16, as well as having any contact with a person under 16 or using the internet unless you are under supervision of a person authorized by the court. At Gavran Criminal Defence, our philosophy is that dedication, attention to detail, careful preparation and effective advocacy is what secures the best results. If you are charged with sexual interference with a person under the age of 16, call Gavran Criminal Defence immediately at (647) 624-6324 to schedule your initial consultation.
