What Are the Best Defences to Sexual Interference and Sexual Touching Charges?

Sexual interference and sexual touching are both serious criminal offences under Canadian law. It is imperative for individuals facing charges of sexual interference or sexual touching to understand their rights, as being convicted of a sex crime can limit an individual’s ability to find housing and employment.

What is Sexual Interference and Invitation to Sexual Touching?

Sexual interference is sexual assault where the victim is younger than sixteen years of age, as the age of consent in Canada is sixteen. Sexual interference is defined in Section 151 of the Criminal Code of Canada as follows: “Every 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 the age of sixteen years.”

Invitation to sexual touching is a separate offence from sexual interference. Invitation to sexual touching is defined in Section 152 of the Criminal Code of Canada as follows: “Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of 16 years, (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.”

Punishment for Sexual Interference and Invitation to Sexual Touching in Canada

Those convicted of sexual interference may face the following punishments:

  • Automatic placement on the sex offender registry
  • A minimum one-year term of imprisonment and a maximum fourteen-year term of imprisonment if the Crown charges sexual interference as an indictable offence
  • A minimum 90-day term of imprisonment and a maximum two-year term of imprisonment if the Crown charges sexual interference as a summary conviction offence

Individuals convicted of sexual interference will have a criminal record, and being convicted of a sex crime will affect an individual’s ability to obtain housing and employment. Travel restrictions may also apply to those convicted of sexual interference.

Sexual touching is a separate offence. The following penalties apply to individuals convicted of invitation to sexual touching:

  • Registration as a sex offender
  • Being prohibited from going to specific locations such as parks and schools where children may be present
  • A permanent criminal record that is not eligible for pardon
  • Mandatory minimum prison sentences
  • A minimum one-year term of imprisonment and a maximum fourteen-year term of imprisonment if the Crown charges invitation to sexual touching as an indictable offence
  • A minimum 90-day term of imprisonment and a maximum two-year term of imprisonment if the Crown charges invitation to sexual touching as a summary conviction offence

Defences Against Sexual Interference Charges

The Crown must prove that the touching was for a sexual purpose and was intentional. A skilled and knowledgeable criminal defence lawyer will closely scrutinize the statement made by the complainant. The facts and circumstances surrounding the alleged sexual interference are also relevant to a strong defence. A criminal defence lawyer will examine the complainant’s motives. Any inconsistencies and problems in the complainant’s statement will be relevant to a defence lawyer’s strategy.

Mistaken Belief That the Complainant Was 16 or Older

An individual being accused of sexual interference may have believed the complainant was sixteen years of age or older. This defence may be effective if the complainant told the alleged offender that they were older than sixteen years of age, looked older than sixteen years of age, and showed identification stating they were sixteen years of age or older.

There Was Less Than a 5-Year Age Difference

A skilled criminal defence lawyer may suggest that the complainant did not know the exact date of the alleged offence. It may be possible to prove that the parties were less than five years apart in age. A knowledgeable criminal defence lawyer will work with all the evidence available to them.

No Sexual Activity Occurred

It is possible that the complainant is attempting to make false criminal accusations to disrupt the accused’s life. An experienced criminal defence lawyer will know how to examine all the evidence to see if the complainant had any motive to cause the accused stress and anxiety by making a false complaint. A defence team may look into the past relationship between the complainant and the accused.

The Touching Was Accidental

A complainant may have only been incidentally touched by the accused during the course of everyday life. A skilled criminal defence lawyer may be able to establish that the accused did not have the requisite intent to commit a sexual offence.

There Was Contact, but it Was Not Sexual

The Crown must establish beyond a reasonable doubt that the accused individual committed every element of the criminal offence. There must have been sexual contact between the complainant and the accused – it may be that the touching was not intended in a sexual manner. The complainant may also be alleging that the accused touched them sexually, but in fact, the accused did not touch the complainant in a sexual manner.

Contact a Toronto Criminal Lawyer Today to Schedule a Free Consultation

Sexual interference and invitation to sexual touching are both serious offences in Canada. If you are facing allegations from the Crown, it is important to seek out the assistance of a skilled criminal defence lawyer.

Call Vilkhov Law at (647) 977-5852 to schedule a free consultation. We have years of experience representing clients in criminal cases. Contact our team at Vilkhov Law today to learn more about the legal services we offer.

By |2023-11-08T20:06:22+00:00November 18th, 2022|Sexual Assault|

5/5 - (4 votes)

Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Excellent5.0 Based on 125 reviews fromJessie TeixeiraJessie Teixeira ★★★★★ I would like to thank Igor Vilkhov and his dedicated team for their professional assistance in dealing with my matter. I could not be happier about the way my matter was handled and am very satisfied with the result.Annabella FusaroAnnabella Fusaro ★★★★★ Igor Vilkhov was an amazing Lawyer. I met him through one of his colleagues and one thing I can say he fights for your rights and he doesn’t amazing job. He was so patient and kind with me. I’m very grateful for the outcome of my case. May god bless Igor And the amazing work he does.AnnabellaXuan LinXuan Lin ★★★★★ Hello my name is Leon I got charged with SA in 2021 in relation to a young complainant. I have been looking about 10 lawyer all of then is bad and lie all they care is money never help my case .Until I meet Igor I told him what happened he told me no worry he will try his best for help me . And this year May I won the case I just can't believe it Igor is best lawyer he is legendary . Guy you should believe in Igor he is really good. His preparation was meticulous and was acquitted. He saved my life.ChrisChris ★★★★★ The Best Lawyer In my opinion. A legal Tactician in the modern day criminal justice court systems. Very professional service. Great Techniques and Extremely knowledgable and Highly talented and recommended team.I’m 37 old Newfoundlander who is not well spoken but this was an easy to write.Nikolai Wheeler-BalazevNikolai Wheeler-Balazev ★★★★★ I want to start off this review by thanking Mr.Vilkhov for handling my case, Igor got my case resolved in a timely manor, i had previously been going to court for my case for about a year, and when i had gotten Mr.Vilkhov as my lawyer he had my case resolved and all my charges withdrawn in a matter of days. If anybody is looking for a lawyer i would urge you to go with Mr.Vilkhov, he knows what he is doing and knows how to do it quickly.Shannan HarrisonShannan Harrison ★★★★★ Mr. Vilkhov is an outstanding lawyer, I just avoided a lengthy jail sentence because of him. I literally cannot believe what he was able to do for me. The judge in court praised him for his work, thank you so much.Anoop RAnoop R ★★★★★ One of the best law firms in town! Highly recommended. Just retain them. They'll do the rest.ARRARR ★★★★★ I was falsely accused and charged with a serious offence. All it took was just one phone call from the complainant. As an immigrant, it was a nightmare. Fortunately Igor was the first person whom I contacted and I knew he was the one and I retained him. Beware of the lawyers who try to scare you, make you feel insecure. From the first phone call, he never made me feel insecure. He was confident that he can get the work done. Igor and Daniel promptly attended all my court dates. It took a while to achieve the resolution and finally my case was unconditionally withdrawn. I can't thank him enough. As Igor is a busy person, I was getting updates regularly from Daniel. I would give six stars to Daniel. Igor should never let him go. I would definitely recommend this law firm. You might sometimes feel that Igor is late in responding, but he'll be putting all his efforts behind the scene. Just have faith in him. I wish Igor and Daniel all the best.Brandon ABrandon A ★★★★★ Igor was fantastic to work with. He was always very quick to respond and answered any questions I had at any time during the process. I'm so impressed for his amazing and efficient work - he was able to have any charges against me dropped. I highly recommend Igor to anybody that's currently facing legal trouble. He truly exceeded my expectations and I'm so grateful for everything. Thank you Igor!Maria AgasMaria Agas ★★★★★ I was very impressed with his professionalism, swift responses and attention to detail. He was proactive and always communicated next steps. I’m so happy we came across Igor and his team. Igor is amazing and wonderful lawyer.Cindy LiCindy Li ★★★★★ I cannot express my gratitude enough for the exceptional legal representation provided by Igor. Facing wrongful accusations was a harrowing experience, but Igor's expertise and dedication swiftly turned the tide in my favor. He navigated the complexities of the case with professionalism, demonstrating remarkable intelligence and a deep understanding of the legal system. Thanks to his efforts, the charges were withdrawn in a timely manner, allowing me to move forward with my life. Igor is not just a good lawyer; he is an outstanding advocate for his clients. I wholeheartedly recommend his services to anyone in need of top-notch legal assistance.George ArellanoGeorge Arellano ★★★★★ Mr. Vilkhov got my charges withdrawn today after a very stressful time in my life. I hired him because of his reviews and I am not surprised that I got this result. I appreciate him and his team. Igor literally dedicates his entire life for his clients.Latch RamoutarLatch Ramoutar ★★★★★ I am sitting here at 10 Armoury street after my charges were just withdrawn. I cannot thank Igor enough for what he has done for me. This was supposed to be a trial where I was facing a ten year jail sentence. Somehow Igor got my charges dropped. This man is the lawyer you need, hands down. Also a very nice person.Emad MEmad M ★★★★★ Do not blink! Go with him.I know for stressful this process might be an how awful law system might be treating you, also how difficult it might be to trust someone with your “life”.Igor knows what he is doing and he saved my partner and I from false accusations of a jealous individual!He didn’t over charge, he didn’t hold back on any help a lawyer could possibly provide.This man is the best saviour one can ask for in these situations.Christa DuchenoChrista Ducheno ★★★★★ No kidding, if you need an attorney and You want the Best lawyer to defend you and your rights in the legal system I’d definitely recommend you call Igor Vilkhov.I am completely and gratefully satisfied with His professional guidance, knowledge of the complex legal system and most of all for saving my life. I give Igor and his Team my hands heart shout out Thank You for your dedication, I couldn’t have gotten through it without Y’all.Stephanie SchembriStephanie Schembri ★★★★★ Mr.Vilkhov thank you for keeping our family together we are forever gratefulAndreyAndrey ★★★★★ Highly recommend. Fast and reasonableRajveer SinghRajveer Singh ★★★★★ WaheguruKathryn GilfoyKathryn Gilfoy ★★★★★ john la magnajohn la magna ★★★★★ I had a great experience with Vilkhov Law. Igor was professional, efficient, and made my very stressful first endeavour into needing legal council as much of a breeze as it could have been.He was also very patient with me as a first time offender with way too many questions.I highly recommended Igor, and his team at Vilkhov Law!Norbert WysockiNorbert Wysocki ★★★★★ Igor and his team provided excellent service in very delicate and emotional case. They were extremely supporting and knowledgeable. Thank you for everything you have done!Jason WorthJason Worth ★★★★★ Words cannot describe what Igor has done for me. Igor is the most skilled and amazing attorney I have ever met in my entire life. I had a long list of charges (some that carried some serious penitentiary time) and worked some serious magic with countless hours behind the scenes for me to make just 1 appearance and have ALL THE CHARGES WITHDRAWN and a peace bond put in place. The timeframe for it was amazing as well he took care of me and this situation in only 15 months! (we all know the justice system does not work that fast normally!) If you want a very highly skilled, passionate, available(Igor would take calls and messages even after normal hours to fill me in!), experienced and dedicated attorney that will work tirelssly with you and for you to get you the absolute best results then Igor is your man! 5 stars does not do this man justice he deserves 100 stars!N -N - ★★★★★ Great lawyer. Knowledgeable and helpful. 10/10 would recommend :)GLORIS SPENCEGLORIS SPENCE ★★★★★ Working with Igor and his team during a very unpleasant situation has been a blessing. Even though the legal process was a lengthy one, they were there to answer the questions and concerns we had.Thankfully, it's all over and settled and hopefully we'll not need his services again, but it is reassuring to know that if the situation should every arise where legal counsel is needed, Vilkhov Law Professional will be there in my corner.Thank you.Scott K.Scott K. ★★★★★ I would like to give Igor 5 stars for handling my serious case for the last 11 months of my life. In December 2022, I was wrongfully accused of 2 serious charges under my name however, Igor took care of it from the beginning and finally all of those wrongful charges are withdrawn and now I feel much better and at ease. I am very glad that Igor could help me throughout the hard process and bring out the best result possible! Also, what I want to pinpoint out for the most is that he picks up the call by himself and you get to contact directly with him whenever you have questions or want updates throughout the process. I know that it could be tiring for lawyers who have other clients at the moment but Igor always keep a close contact with his client and I was always able to talk to him directly when I needed for the last 11 months. At last, I wish all the best for Igor and hope that god blesses throughout his career and may he be able to offer his professionalism to help other people in need. Thank you Igor :)js_loader

CONTACT US

“Caring, honest, and highly knowledgeable.”

Contact Igor for a Free Consultation!

Please contact us online for a free consultation.
Go to Top