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A sexual interference charge under section 151 of the Criminal Code is among the most serious allegations in Canadian criminal law, because it involves a complainant under the age of 16 and carries mandatory consequences on conviction. If you have been charged with or are under investigation for sexual interference in Toronto or anywhere in the GTA, the defence you build in the first days can matter as much as the case you present at trial. Vilkhov Law defends sexual offence charges at every level of court in Ontario. The consultation is free, confidential, and available 24 hours a day at 416-807-4477.
Sexual interference cases turn almost entirely on the credibility and reliability of the complainant's account and on the admissibility of the evidence, which is why experienced trial counsel should be involved from the first court appearance.
Igor Vilkhov is the founder of Vilkhov Law and a criminal defence lawyer based in Toronto, licensed by the Law Society of Ontario and a member of the Criminal Lawyers' Association. He has defended clients facing sexual interference and related sexual offence charges in the Ontario Court of Justice, the Superior Court of Justice, and the Court of Appeal for Ontario, appearing at courthouses across the GTA including Old City Hall, College Park, 361 University Avenue, Brampton, Newmarket, and Oshawa. The firm also includes Benson Wilson and Kian Borna, criminal defence lawyers who work on sexual offence matters. Every sexual interference file is staffed and supervised by senior counsel from the first appearance through trial.
Sexual interference files are decided on the reliability of the disclosure and the consistency of the complainant's account from the first statement to the witness stand. The work that changes a case is done early — preserving evidence, mapping every version of the allegation, and identifying the Charter and disclosure issues before they are lost.
— Igor Vilkhov, Founder, Vilkhov LawSexual interference is defined in section 151 of the Criminal Code as touching, directly or indirectly, with a part of the body or an object, any part of the body of a person under 16 years of age for a sexual purpose.
The offence has two essential elements: the touching must be intentional, and it must be for a sexual purpose. It does not require force, injury, or penetration, and it does not require that the touching be sexual on its face — the test for “sexual purpose” is assessed objectively, in light of all the circumstances. Because the complainant is under 16, their agreement to the activity is not a defence. This is the feature that most distinguishes sexual interference from an adult sexual assault charge, where the central issue is consent.
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The key difference is that sexual interference (s.151) turns on the age of the complainant, while sexual assault (s.271) turns on the absence of consent.
| Feature | Sexual Interference (s.151) | Sexual Assault (s.271) |
|---|---|---|
| Focus | Age of the complainant (under 16) | Absence of consent (any age) |
| Mental element | Touching for a sexual purpose | Intentional application of force of a sexual nature |
| Consent of complainant | Not a defence (subject to close-in-age exceptions) | Central issue — Crown must prove its absence |
| Election | Hybrid | Hybrid |
The two charges are frequently laid together where the complainant is under 16. Where both arise from the same act, the Kienapple principle bars conviction on both — a point your lawyer should raise at the earliest opportunity.
Sexual interference is often charged alongside invitation to sexual touching (s.152) and sexual exploitation (s.153), which target closely related conduct involving young people.
The age of consent for sexual activity in Canada is 16, subject to narrow close-in-age exceptions set out in section 150.1 of the Criminal Code.
Outside these exceptions, a young person's apparent agreement carries no legal weight, and the accused's belief that the complainant consented is not a defence to the age element.
Sexual interference is a hybrid offence carrying a maximum of 14 years on indictment, and sentences for sexual offences against children have increased significantly since the Supreme Court's decision in R. v. Friesen, 2020 SCC 9.
| Mode of prosecution | Maximum sentence | Statutory minimum |
|---|---|---|
| Indictment (s.151(a)) | 14 years | 1 year * |
| Summary (s.151(b)) | 2 years less a day | 90 days |
* The Criminal Code sets a one-year mandatory minimum on indictment, but the Court of Appeal for Ontario has held that minimum to be unconstitutional under section 12 of the Charter and of no force and effect (R. v. B.J.T., 2019 ONCA 694). Mandatory minimums in this area remain a developing area of law.
In practice, sentencing is driven less by the statutory floor than by the principles in Friesen, where the Supreme Court held that sentences for the sexual abuse of children must reflect the serious harm involved and that mid-single-digit prison terms are within the normal range even for a single incident. The specific sentence depends on the nature and duration of the conduct, the age of the complainant, the relationship between the parties, and the circumstances of the accused.
A sexual interference conviction can lead to sex offender registration under SOIRA, a mandatory DNA order, and a section 161 prohibition order — but since Bill S-12 (in force October 26, 2023), SOIRA registration is no longer automatic in every case.
Registration is mandatory where the offence was a sexual offence against a person under 18, prosecuted by indictment, with a sentence of two years or more, and for repeat offenders. In all other cases, there is a presumption of registration with judicial discretion: the court must make the order unless the offender shows it would be grossly disproportionate or have no connection to SOIRA's purpose. For a first designated offence carrying a 14-year maximum, such as sexual interference, the registration period is 20 years; a further designated offence or prior order results in lifetime registration.
A conviction for a designated sexual offence results in a mandatory DNA collection order added to the National DNA Data Bank. On conviction for an offence involving a complainant under 16, the court may also impose a section 161 order prohibiting the offender from attending parks, pools, schools, playgrounds, and daycare centres, from holding a position of trust or authority over persons under 16, and from certain internet use.
Because a child under 16 cannot legally consent, the defences to sexual interference differ from those in an adult sexual assault case — the strongest are usually built on credibility, the evidence, and the accused's conduct in ascertaining age.
Do not give a statement to police and do not contact the complainant — exercise your right to silence and your right to counsel immediately.
A bail hearing usually takes place within 24 hours of arrest, and in sexual interference cases the Crown will seek a no-contact order and strict conditions. Experienced bail counsel can protect your job, home, and family relationships while the case proceeds. Once charges are laid you are entitled to full disclosure — police notes, the complainant's videotaped statement, and any forensic evidence — which your lawyer reviews for inconsistencies, investigative gaps, and Charter breaches. If you are facing related allegations such as child pornography or aggravated sexual assault, those files should be coordinated as one defence.
Our Toronto criminal defence team represents clients charged with sexual interference across the GTA and Southern Ontario, including Mississauga, Brampton, Vaughan, Markham, Scarborough, and North York. If you have been charged or are under investigation, contact us now for a free, confidential consultation.
Sexual interference is defined in section 151 of the Criminal Code as touching, directly or indirectly, with a part of the body or an object, any part of the body of a person under 16 for a sexual purpose. The touching must be intentional and for a sexual purpose; it does not require force or injury. Because the complainant is under 16, their agreement is not a defence.
Sexual interference (s.151) focuses on the age of the complainant — a person under 16 — while sexual assault (s.271) focuses on the absence of consent, regardless of age. The two charges are often laid together where the complainant is under 16, but the Kienapple principle prevents conviction on both for the same act.
The age of consent is 16. Close-in-age exceptions allow 14- and 15-year-olds to consent to a partner less than five years older, and 12- and 13-year-olds to a partner less than two years older. Where the older person is in a position of trust or authority, the age of consent is 18.
No. A person under 16 cannot legally consent to sexual activity with an adult outside the close-in-age exceptions, so their agreement is not a defence. A mistaken belief that the complainant was 16 or older is only available where the accused took all reasonable steps to ascertain their age.
On indictment the maximum is 14 years; on summary conviction it is two years less a day. The Criminal Code sets a one-year minimum on indictment, but the Court of Appeal for Ontario has held that minimum unconstitutional and of no force and effect (R. v. B.J.T., 2019 ONCA 694). Since R. v. Friesen, 2020 SCC 9, actual sentences for child sexual offences have risen, with mid-single-digit prison terms within the normal range.
Often, but not automatically. Since Bill S-12 (October 2023), SOIRA registration is mandatory only for indictable sexual offences against a person under 18 with a sentence of two years or more, and for repeat offenders. In other cases there is a presumption of registration that the court may decline in limited circumstances. Where ordered for a first offence carrying a 14-year maximum, registration lasts 20 years.
Sexual interference (s.151) involves the accused touching a person under 16 for a sexual purpose. Invitation to sexual touching (s.152) involves inviting, counselling, or inciting a person under 16 to do the touching. The two carry the same penalty structure and are frequently charged together.
In some circumstances. The Crown may withdraw a charge where the evidence does not support a reasonable prospect of conviction, where Charter breaches compromise key evidence, or where pre-trial motions raise credibility issues the Crown cannot overcome. Every case turns on its own facts.
Cases in the Ontario Court of Justice commonly take 12 to 18 months, and matters in the Superior Court of Justice can take 18 to 30 months or longer, particularly where there is extensive disclosure or a preliminary inquiry. Delay beyond the presumptive Jordan ceilings can support a stay of proceedings.
Our team of sexual assault lawyers in Toronto and nearby regions serves clients across the GTA and Southern Ontario. Whether you’re in Mississauga, Brampton, Vaughan, or Barrie, we are here to help. Looking for a sexual assault lawyer near you? Contact us now.
