Table of Contents:
- What Is Considered Sexual Assault?
- What Is Sexual Interference in Canada?
- Common Defences of Sexual Assault and Sexual Interference
- When Is Consent a Defence in Sexual Interference Charges?
- Penalties for Sexual Assault and Sexual Interference
- The National Sex Offender Registry (NSOR)
- What Happens After a Conviction?
- What If You Were Falsely Accused?
- How a Criminal Lawyer Can Help
In Canada, any non-consensual sexual touching or contact that occurs in a sexual context may constitute sexual assault under the Criminal Code. When the alleged conduct involves a person under the age of 16, it may also lead to separate or additional charges of sexual interference, a specific offence targeting the sexual touching of minors.
Both sexual assault and sexual interference are serious criminal offences that carry severe consequences. These may include mandatory minimum sentences, lengthy imprisonment, a permanent criminal record, and mandatory registration in the National Sex Offender Registry (NSOR).
What Is Considered Sexual Assault?
Under Section 271 of the Criminal Code of Canada, sexual assault is defined as any non-consensual touching of a sexual nature. This offence does not require proof of physical injury or the use of force; instead, it focuses on the absence of consent and the sexual character of the contact.
The law recognizes varying degrees of sexual assault, including:
- Sexual assault with a weapon, threats to a third party, or causing bodily harm (Section 272),
- Aggravated sexual assault, where the victim is wounded, maimed, disfigured, or whose life is endangered (Section 273).
Where the complainant is under 16, the offence is considered particularly serious, and mandatory minimum sentences may apply, especially when the Crown proceeds by indictment.
What Is Sexual Interference in Canada?
The crime of sexual interference is defined in Section 151 of the Criminal Code and applies only when the victim is under 16 years of age, and includes touching directly or indirectly with a part of the body or with an object on any part of the victim’s body for a sexual purpose. Unlike sexual assault against a minor, sexual interference is a more specific crime which occurs when there is a sexual purpose. For sexual assault charges, the touching must be sexual in nature and doesn’t have to be aimed towards sexual gratification or similar motives. These differences between sexual assault and sexual interference determine the way the Crown will lay the charges, and will define available defences in each case.
Comparison: Sexual Assault vs. Sexual Interference
| Aspect | Sexual Assault | Sexual Interference |
|---|---|---|
| Legal Reference | Section 271 of the Criminal Code | Section 151 of the Criminal Code |
| Victim’s Age | Any age | Only applies if the victim is under 16 years old |
| Nature of Act | Any non-consensual sexual touching | Touching for a sexual purpose |
| Requirement of Intent | Act must be sexual in nature, but sexual gratification is not required | Intent must be for a sexual purpose |
| Consent as Defence | May be a valid defence if the victim is above the age of consent and gave voluntary agreement | Generally not a defence unless close-in-age exceptions apply (Section 150.1) |
| Maximum Penalty | Up to 10 years (summary) or 14 years (indictment); life if aggravated or involving weapons | Up to 2 years (summary) or 14 years (indictment) |
| Minimum Penalty | 6 months (summary) or 1 year (indictment) if the victim is under 16 | 90 days (summary) or 1 year (indictment) |
| Sex Offender Registry | Yes | Yes |
While both sexual assault and sexual interference involve unlawful sexual conduct, sexual interference is a more specific offence that applies exclusively to minors under the age of 16 and requires proof of a sexual purpose. In contrast, sexual assault can apply to individuals of any age and focuses more broadly on non-consensual sexual contact. The legal distinctions between these charges play a critical role in how the Crown prosecutes and what defences may be available.
“Understanding the differences between sexual interference and sexual assault is crucial for protecting victims’ rights and ensuring the proper application of the law. Each case is unique, and the classification of the offense impacts the potential penalties and legal proceedings. At Vilkhov Law, we provide professional support and guidance to our clients at every step of the process.”
— Joel Prajs, Lawyer, Vilkhov Law
Common Defences of Sexual Assault and Sexual Interference
Sexual assault and sexual interference are serious crimes, and a conviction of either of these offences carries more than just prison time and a criminal record. Those convicted of these offences may find themselves unable to get a job, find housing for rent, and face other negative treatment from society. Some of the most common defences against sexual assault include:
- that there was no sexual activity, or
- the sexual activity was consensual, or
- that the offender had an honest but mistaken belief that the other person gave their consent.
In cases of sexual interference, the Crown must prove that the touching was intentional, had a sexual purpose, and that the accused knew that the victim was a minor or failed to take steps to identify their age. Consequently, the defence strategies for sexual interference charge use the arguments that:
- there was no sexual purpose,
- touching was accidental and not intentional,
- the accused has taken all reasonable steps to determine the victim’s age.
Both sexual assault and sexual interference cases are highly context-specific.
When Is Consent a Defence in Sexual Interference Charges?
Consent is rarely a defence used in sexual interference cases, as the complainant, who is under 16 years of age, cannot legally consent to sexual activity with the exception of specific cases. It is also not a defence to state that the accused believed the complainant was above legal age, unless taking necessary steps to ascertain it. Consent can only be used as a defence in sexual interference cases in a limited number of cases defined by so-called close-in-age exceptions, which provide that:
- children who are 12 or 13 years old can consent to sexual activity with someone who is less than two years older (for example, a 14-year-old),
- minors who are 14 or 15 years old can consent to sexual activity with another person who is less than 5 years older.
In addition to the specified age gap, the above close-in-age exceptions also presume that there is no relationship of trust, authority, dependency, or other exploitation of the young person.
Penalties for Sexual Assault and Sexual Interference
The penalties for sexual assault vary on the type and severity of the offence, and are defined in Sections 271-273 of the Criminal Code. In sexual assault cases involving a minor, the court must impose minimal prison sentences of six months in cases proceeding summarily, or up to one year if the Crown prosecutes by indictment. Meanwhile, sexually assaulting a minor can lead to the maximum punishment of a term of two years in summary conviction and up to 14 years in the indictment process. Where sexual assault was aggravated by the use of a firearm, wounded, or endangered someone’s life, the maximum penalty is life in prison. The charge of sexual interference can result in the application of a minimum sentence starting from 90 days in summary proceedings and up to one year in the indictment process. The maximum punishment for sexual interference is two years for a summary conviction and up to 14 years when the Crown proceeds by indictment.
The National Sex Offender Registry (NSOR)
In Canada, individuals convicted of sexual offences such as sexual assault or sexual interference may be required to register with the National Sex Offender Registry (NSOR) under the Sex Offender Information Registration Act (SOIRA).
Registration Requirements
A court may impose an NSOR registration order at the time of sentencing for certain offences listed in the Criminal Code, including those against minors. Registration is mandatory for many sexual offences unless the court is satisfied that the impact on the offender’s liberty is disproportionate to public interest.
Once ordered, the offender must:
- Report in person to a designated registration centre within seven days of sentencing or release;
- Provide detailed personal information (e.g., address, employment, vehicle info, travel plans);
- Notify authorities of any changes within seven days.
Duration of Registration
The length of time an individual must remain on the registry depends on the severity and number of offences:
- 10 years for a single summary conviction;
- 20 years for a single indictable conviction;
- Lifetime for multiple convictions or certain serious offences.
Consequences of Being on the NSOR
Being listed on the NSOR carries serious long-term consequences, including:
- Restricted travel: Many countries deny entry to registered sex offenders.
- Employment limitations, particularly in jobs involving children or vulnerable individuals;
- Ongoing police monitoring and mandatory check-ins;
- Social stigma and reputational harm, even after serving a sentence.
Non-compliance with registration requirements is itself a criminal offence, punishable by additional fines or imprisonment under Section 490.031 of the Criminal Code.
What Happens After a Conviction?
A conviction for sexual assault or sexual interference in Canada leads not only to legal penalties but also to long-lasting personal and professional consequences that extend well beyond incarceration or fines.
Life Consequences
A conviction results in a criminal record, which can significantly affect one’s:
- Housing options – many landlords conduct background checks.
- Reputation and relationships – personal and social circles may be permanently damaged;
- Mental health – shame, stigma, and stress are common post-conviction realities.
Travel and Job Restrictions
Travel becomes highly restricted. Many countries, including the United States, routinely deny entry to individuals with sexual offence convictions. You may be turned away at the border, even as a Canadian citizen holding a valid passport.
Employment options also narrow, especially in sectors such as:
- Education
- Healthcare
- Childcare and youth services
- Government or law enforcement positions
Jobs requiring a criminal background check or security clearance often become inaccessible.
Record Suspension (Pardon)
Over time, a person may apply for a record suspension (formerly known as a pardon) through the Parole Board of Canada, which, if granted, separates the conviction from the individual’s publicly visible criminal record.
Eligibility timelines:
- 5 years after the completion of the sentence for summary convictions
- 10 years for indictable convictions
However, those convicted of sexual offences against minors are generally ineligible for a record suspension, in accordance with Criminal Records Act, section 4(2).
What If You Were Falsely Accused?
Being falsely accused of sexual interference or sexual assault is a life-altering experience, but you still have rights and legal options.
As someone accused of a criminal offence in Canada, you are protected by the Canadian Charter of Rights and Freedoms. This includes the right to remain silent, the right to legal counsel, the right to be presumed innocent, and the right to a fair trial. If any of these rights were violated during your arrest or investigation, your lawyer may initiate a Charter challenge, which could result in evidence being excluded from your case under Section 24(2).
In sexual interference cases, the legal age of consent and available defences are strictly limited. Section 150.1 of the Criminal Code outlines exceptions where consent may be a defence under so-called “close-in-age” provisions, while Section 151 defines the offence of sexual interference itself.
If you have been falsely accused, it is essential to consult a criminal defence lawyer as soon as possible. Your lawyer can help gather evidence, identify inconsistencies in the complainant’s account, review police conduct, and ensure that your Charter rights are upheld throughout the legal process.
How a Criminal Lawyer Can Help
Facing charges related to sexual interference or sexual assault can be overwhelming, emotionally, legally, and socially. A criminal defence lawyer does more than represent you in court; they act as your advocate at every stage. When you are under investigation or formally charged, your lawyer can protect your rights during police questioning, guide you through bail hearings, and negotiate with the Crown to reduce or withdraw charges where appropriate.
An experienced lawyer also ensures that procedural rules are followed, identifies any violations of your Charter rights, and can challenge the admissibility of weak or unlawfully obtained evidence. Beyond the courtroom, legal counsel helps you understand your options, reduce uncertainty, and prepare for possible outcomes — whether it’s trial, resolution, or an appeal. In a system where the consequences of conviction are long-lasting, professional legal representation can be the most important safeguard for your future.
Contact Vilkhov Law Today
When facing charges of sexual assault and sexual interference, it is essential to retain a professional criminal lawyer as soon as possible. A qualified legal professional can make all the difference in criminal proceedings and ensure the most favourable outcome. At Vilkhov Law, our criminal defence team works tirelessly to evaluate all the evidence against our clients, assess its strengths and weaknesses, and build a robust legal defence. If you are facing charges of sexual assault or sexual interference in Toronto, contact Vilkhov Law today for a free and confidential consultation about how we can help in your case.
Frequently Asked Questions (FAQs)
What is the legal age of consent in Canada?
The legal age of consent to sexual activity in Canada is 16 years old. However, there are close-in-age exceptions for youth aged 12–15 under specific conditions.
🔗 Criminal Code, s. 150.1
Can someone be charged with sexual interference and sexual assault at the same time?
Yes. These charges are not mutually exclusive. Sexual interference applies to victims under 16 and focuses on sexual touching for a sexual purpose. Sexual assault, under broader terms, can apply to any age and includes non-consensual sexual contact.
🔗 Sexual Assault – Criminal Code, s. 271
🔗 Sexual Interference – Criminal Code, s. 151
What are the penalties for sexual interference in Canada?
Sexual interference is a hybrid offence. If charged by indictment, the mandatory minimum sentence is 1 year, with a maximum of 14 years. For summary conviction, the minimum is 90 days, with a maximum of 2 years less a day.
🔗 Criminal Code, s. 151
Is it a defence to say you thought the complainant was over 16?
Not without proof. A mistaken belief in age is only a defence if the accused took all reasonable steps to determine the complainant’s age.
🔗 Criminal Code, s. 150.1(4)
What is the National Sex Offender Registry (NSOR)?
The NSOR is a federal database listing individuals convicted of certain sexual offences. Depending on their case, offenders must register for 10 years, 20 years, or life.
🔗 Sex Offender Information Registration Act (SOIRA)
Can I travel or get a job after a conviction?
A conviction may limit travel (especially to the U.S.) and employment involving children or vulnerable individuals. Employers often conduct background checks, and a record on the NSOR can disqualify you.
What should I do if I’ve been falsely accused?
Avoid speaking to police or the complainant without legal counsel. Contact a criminal defence lawyer immediately. Your lawyer will protect your rights, manage interactions with authorities, and begin gathering evidence to build your defence.
