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“Sexual interference charges carry significant stigma and consequences. If you’ve been accused, don’t wait—contact a defence lawyer immediately. Early legal intervention can make a dramatic difference.”
— Benson Wilson, Criminal Defence Lawyer at Vilkhov Law
Sexual assault is frequently reported on in the Toronto news – however, have you noticed that some sexual assault arrests are also combined with charges of sexual “interference?”
For example, a Toronto man was charged with two counts of the offence last month in conjunction with two sexual assaults.
Sexual interference refers to any physical contact with a person under the age of consent for sexual purposes. The offence is often combined with sexual assault charges when the alleged victim is underage to enhance the Crown’s ability to secure a conviction.
Sexual interference, under Section 151 of the Criminal Code of Canada, is defined as:
“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 16 years.”
This charge can be prosecuted as either an indictable offence or a summary conviction, each with its penalties.
| Charge Type | Minimum Sentence | Maximum Sentence |
|---|---|---|
| Indictable Offence | 1 year in prison | 14 years in prison |
| Summary Conviction | 90 days in jail | 2 years less a day in jail |
Note: These penalties are mandatory and cannot be waived by the court.
The two charges often go hand-in-hand, especially if the alleged victim is under 16. While sexual assault refers to any non-consensual sexual act regardless of age, sexual interference focuses specifically on acts involving individuals under the age of consent.
This dual-charge strategy enhances the Crown’s ability to secure a conviction, either through separate or combined evidence.
When the alleged victim is under 16, the Crown often lays both charges simultaneously:
| Charge | Focus Area | Consent Consideration | Age-Specific? |
|---|---|---|---|
| Sexual Assault | Any non-consensual sexual act | Yes, central to the charge | No |
| Sexual Interference | Sexual acts involving minors under 16 | Consent is not a defence | Yes — under 16 |
This dual-charge strategy gives the Crown flexibility:
According to the latest “Incident-based crime statistics” from Statistics Canada, police in 2022 investigated 8,457 reports of sexual interference and charged 4,368 people with the offence. Police deemed 7.5% of reported incidents — 686 — unfounded and cleared another 7.5% — 688 — due to other reasons. Of those charged, 895 were youths under the age of 18.
In Ontario, police investigated 1,922 reports of sexual interference in 2022 and arrested 1,165 persons for the crime. Police only deemed 46 — 2.34% — of the reported incidents unfounded and cleared another 126 without laying charges. Of those charged, 156 were listed as youths under the age of 18.
Section 151 of Canada’s Criminal Code describes the crime of sexual interference as:
“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 16 years.”
If convicted of the charges as an indictable offence, the minimum punishment is a one-year prison sentence, while the maximum is 14 years imprisonment. When charged as a summary conviction offence, the minimum sentence is 90 days in jail, while the maximum is two years less than a day imprisonment.
In addition to Section 151, the Criminal Code outlines related offences:
| Section | Offence | Definition |
|---|---|---|
| 152 | Invitation to Sexual Touching | Inviting a minor under 16 to touch another person for sexual purposes. |
| 153 | Sexual Exploitation | Applies when the accused is in a position of authority over a 16–17-year-old. |
These offences carry similar sentencing guidelines and may be laid in combination with sexual interference charges.
According to Statistics Canada, in 2022:
| Statistic | Count |
|---|---|
| Reports investigated | 1,922 |
| Persons charged | 1,165 |
| Youths (under 18) charged | 156 |
| Cases deemed unfounded | 46 (2.34%) |
| Cleared without charges | 126 |
Depending on the circumstances, police may:
Many sexual interference cases are resolved before trial, making pre-trial strategy essential. Key components include:
The Crown must provide all evidence to the defence. A skilled lawyer will:
Lawyers from both sides evaluate the evidence and may negotiate resolutions to avoid trial.
A judge participates in discussions to clarify legal issues and potentially facilitate resolution.
Available if the charge is indictable. It determines whether there is enough evidence for trial.
If convicted, the consequences extend beyond jail time:
| Additional Penalties | Description |
|---|---|
| Sex Offender Registry | Mandatory registration and regular updates required. |
| DNA Submission | Sample added to national DNA databank. |
| Firearms/Weapons Ban | Long-term restrictions. |
| Location Restrictions | Cannot be near children or certain public places. |
An experienced criminal defence lawyer may help you avoid a full conviction by negotiating:
Every case is unique, but common legal defences include:
Your defence lawyer must demonstrate that there is reasonable doubt regarding your intent or the act itself.
Sexual interference charges carry a lifelong stigma and mandatory penalties. Whether you’re facing a first-time charge or a complex case involving multiple allegations, early representation is vital.
At Vilkhov Law, we are committed to providing aggressive, strategic defence to protect your rights and future.
