Sexual assault and sexual interference are two distinct offences in Canada: sexual assault (s. 271 of the Criminal Code) is the broad offence of non-consensual sexual touching and applies at any age, while sexual interference (s. 151) applies only where the complainant is under 16 and the touching was for a sexual purpose. The same incident can produce both charges, but they are proved differently, defended differently, and sentenced differently. Sexual assault is built around the absence of legally valid consent; sexual interference is built around the complainant’s age and the sexual purpose of the touching. Once the complainant is under 16, consent is generally unavailable as a defence outside the narrow close-in-age exceptions in s. 150.1.
These are among the most serious allegations in Canadian criminal law, and the sentencing framework changed again in June 2026 with the passage of the Protecting Victims Act (Bill C-16). If you are facing either charge, retain a criminal defence lawyer before speaking to police.
Key Takeaways
- Sexual assault (s. 271) covers non-consensual sexual touching at any age; sexual interference (s. 151) applies only to complainants under 16, touched for a sexual purpose.
- Both charges can be laid for the same conduct where the complainant is under 16 — and often are.
- Consent is central in sexual assault cases, but generally not a defence in under-16 cases except within the close-in-age exceptions.
- Sexual interference carries a mandatory minimum of 1 year (indictment) or 90 days (summary) and a maximum of 14 years.
- New in 2026: Bill C-16 (in force July 18, 2026) restores struck-down child sexual offence minimums and adds a narrow safety valve — judges may go below a minimum only where it would be grossly disproportionate for that specific offender.
- A mistake about age is not a defence unless the accused took all reasonable steps to ascertain age.
- Convictions can bring SOIRA registration, s. 161 prohibition orders, and Criminal Records Act Schedule 1 record-suspension limits.
What Is Sexual Interference in Canada?
Sexual interference, under s. 151 of the Criminal Code is touching directly or indirectly, with a body part or an object, any part of the body of a person under 16, for a sexual purpose. Two elements set it apart. First, the age line: it protects only complainants under 16, Canada’s general age of consent. Second, “for a sexual purpose”: the Crown must prove the sexual character or purpose of the touching in the full context of the case, not merely that contact occurred. The offence exists specifically to protect young persons, which is why the usual consent analysis largely does not apply.
What Is Sexual Assault Under Section 271?
Sexual assault under s. 271 is the intentional application of force of a sexual nature without the complainant’s consent, and it applies to complainants of any age. The Criminal Code defines it through the assault provisions (s. 265) and the consent provisions (s. 273.1): the questions are whether the touching was sexual and whether the complainant voluntarily agreed to the specific sexual activity at the time. More serious forms escalate the charge: s. 272 (weapons, threats, bodily harm, choking, or multiple parties) and s. 273 (aggravated sexual assault). For the full sentencing picture, see our guide to the minimum sentence for sexual assault in Canada.
Sexual Assault vs Sexual Interference: Side by Side
The core difference: sexual assault turns on consent; sexual interference turns on age and sexual purpose.
| Issue | Sexual assault (s. 271) | Sexual interference (s. 151) |
|---|---|---|
| Complainant’s age | Any age | Under 16 only |
| Core allegation | Sexual touching without legally valid consent | Touching a person under 16 for a sexual purpose |
| Is consent relevant? | Yes — often the central issue | Generally, no, unless a close-in-age exception applies |
| Mistake of age | Limited by s. 150.1, where the complainant is under 16 | Limited by s. 150.1 — all reasonable steps required |
| Mandatory minimum | Only if the complainant is under 16 (1 yr / 6 mo) | Always: 1 year (indictment) / 90 days (summary) |
| Maximum penalty | 10 years; 14 if the complainant is under 16 | 14 years |
| SOIRA registration | Possible | Possible |
Penalties for Sexual Interference in Canada
Sexual interference carries a mandatory minimum of 1 year in prison on indictment (maximum 14 years), or 90 days on summary conviction (maximum 2 years less a day). Because a mandatory minimum applies, a discharge is not available, and sentencing in practice regularly exceeds the floor — Canadian appellate courts, including the Supreme Court, have repeatedly said sexual offences against children must attract increasingly severe, denunciatory sentences.
| Crown election | Mandatory minimum | Maximum |
|---|---|---|
| Indictment | 1 year | 14 years |
| Summary conviction | 90 days | 2 years less a day |
Consequences extend past the sentence: a SOIRA sex-offender registration order under s. 490.012, potential s. 161 prohibitions (parks, schools, work with minors, internet restrictions), and Criminal Records Act Schedule 1 status, which sharply limits future record suspensions.
What Changed in 2026: Bill C-16 and Child-Sexual-Offence Minimums
The Protecting Victims Act (Bill C-16), in force for most purposes on July 18, 2026, restored the child sexual offence mandatory minimums that courts had struck down and shielded the remaining minimums, including those for sexual interference, from future Charter challenges. The mechanism is a narrow safety valve: a judge may impose a shorter term of imprisonment than the minimum only where the minimum would be a grossly disproportionate punishment for the specific offender being sentenced; custody is still required. Courts can no longer strike minimums based on hypothetical scenarios, which reshapes how defence counsel frame sentencing and Charter arguments in s. 151 cases. Details are on the Department of Justice Bill C-16 page.
Can Both Charges Be Laid at the Same Time?
Yes — where the complainant is under 16, the Crown frequently lays both sexual assault and sexual interference for the same alleged conduct. The charges are not mutually exclusive, and they do not hinge on the same analysis: a case can involve disputes about whether touching occurred at all, whether it was sexual, whether the Crown can prove sexual purpose, whether the complainant’s age is established, and whether any statutory exception applies. That layered structure is exactly why the defence strategy for a two-count indictment differs from a single-count case.
When Can Consent Still Matter in Under-16 Cases?
Only within the narrow close-in-age exceptions of s. 150.1 — and even then, only where there is no relationship of trust, authority, dependency, or exploitation.
| Complainant’s age | An exception may apply if | Additional limits |
|---|---|---|
| 12 or 13 | The accused is less than 2 years old | No trust, authority, dependency, or exploitation |
| 14 or 15 | The accused is less than 5 years old | No trust, authority, dependency, or exploitation |
These are technical rules, not broad permission for teenage relationships. And a mistaken belief that the complainant was older is not a defence unless the accused took all reasonable steps to ascertain the complainant’s age, a demanding standard that courts apply strictly. For the related rules on age of consent and relationships, see our guide on dating a minor and Canada’s age-of-consent laws.
How the Defence Differs Between the Two Charges
In a sexual assault case, the battleground is usually consent and credibility; in a sexual interference case, it is the elements themselves: sexual purpose, age, and the statutory exceptions. Common defence issues in s. 271 cases: whether the touching occurred, whether it was sexual, whether the Crown can disprove consent beyond a reasonable doubt, and whether statements and digital evidence were lawfully obtained. In s. 151 cases: whether the touching was intentional and for a sexual purpose, whether the complainant’s age at the relevant time is proven, whether a close-in-age exception can legally apply, and whether all reasonable steps regarding age were taken. No article can promise outcomes — these cases are intensely fact-specific, and disclosure review typically decides the strategy.
“Sexual assault and sexual interference are often spoken about as if they were the same charge, but legally they are not. The complainant’s age, the issue of consent, and the Crown’s ability to prove sexual purpose can completely change the defence strategy from the outset.”
What to Do Right Now If You Are Charged or Under Investigation
- Say nothing without counsel. These files are built on statements; assert your right to a lawyer and use it.
- Have no contact with the complainant or their family — directly or through others. Expect strict conditions and follow them exactly.
- Preserve all communications now. Messages, photos, social media, and timelines are often decisive on sexual purpose, age, knowledge, and credibility.
- Do not discuss the allegations with anyone except your lawyer — not co-workers, not relatives, not online.
- Retain experienced counsel before your first appearance. Bail terms and early Crown screening decisions shape the entire case. Our overview of the legal process for sexual assault charges explains each stage.
Contact Vilkhov Law
The legal difference between sexual assault and sexual interference is not semantic; it changes the elements, the role of consent, the available defences, and the sentencing exposure, which Bill C-16 has just tightened further. Vilkhov Law’s Toronto sexual assault lawyers evaluate the evidence, test every element of the Crown’s case, and build the defence from day one. If you are facing charges in Toronto or the GTA, contact us for a free and confidential consultation.
FAQ
What is sexual interference in Canada?
Touching any part of the body of a person under 16, directly or indirectly, for a sexual purpose (s. 151, Criminal Code). It is a distinct offence from sexual assault, with a mandatory minimum of 1 year on indictment or 90 days on summary conviction.
What is the main difference between sexual assault and sexual interference?
Sexual assault (s. 271) is non-consensual sexual touching at any age and turns on consent. Sexual interference (s. 151) applies only to complainants under 16 and turns on the age of the complainant and the sexual purpose of the touching.
What is the penalty for sexual interference in Canada?
A minimum of 1 year and a maximum of 14 years on indictment; a minimum of 90 days and a maximum of 2 years less a day on summary conviction. A discharge is unavailable, and SOIRA registration and s. 161 prohibition orders commonly follow a conviction.
Can someone be charged with both sexual assault and sexual interference?
Yes. Where the complainant is under 16, the Crown may — and often does — lay both charges based on the same alleged conduct.
Is consent a defence to sexual interference?
Usually no. Under s. 150.1, consent is generally not a defence where the complainant is under 16, except within the narrow close-in-age exceptions (less than 2 years older for a 12–13-year-old; less than 5 years for a 14–15-year-old), and never where there is trust, authority, dependency, or exploitation.
What if the accused thought the complainant was older?
Mistake of age is not automatically a defence. Section 150.1 requires that the accused take all reasonable steps to ascertain the complainant’s age — a strict standard assessed on the specific facts.
How did Bill C-16 change sentencing for these offences?
Since July 18, 2026, C-16 restores the struck-down child sexual offence minimums and protects the rest: a judge may go below a mandatory minimum only where it would be grossly disproportionate for the specific offender, and custody is still required. Hypothetical-based Charter challenges are no longer available.
Does a conviction lead to sex offender registration?
It can. A conviction for either offence can trigger a SOIRA order under s. 490.012, running 10 years, 20 years, or life depending on the offence structure — see our guide to removal from the sex offender registry in Ontario.
