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Delve into detailed case studies across a variety of legal practice areas, showcasing our strategic defense and successful outcomes.
Sexual interference is an extremely serious offence that can have life-altering consequences. This type of charge is usually initiated by the parent or guardian of the alleged victim (minor). It involves extensive police investigation along with performing a forensic examination or sexual assault kit. Based on the investigation, the police can arrest you if they believe you are the perpetrator. Sexual interference and the invitation to sexual touching include sexual offences against a person under the age of consent (usually 16 years of age). Defending cases of sexual interference is complex because consent is not a defense in this type of charge. According to law, a minor cannot consent to sexual activity.
If you’re accused of sexual interference, you could face jail time, along with reputational damage and a criminal record. Your name and age will be put on the sex offender registry, which could ruin your future. Your freedom to travel can be restricted, and you could face difficulty in getting employment. However, we can help you avoid these life-changing consequences by building a strong defense case. We have extensive knowledge and experience to build a solid case and secure the best possible outcome for our clients. As seasoned criminal defence lawyers, we can help you stay out of jail by gathering evidence and solutions to strengthen your defence case.
Understanding the degrees of sexual offences under Canadian law is essential. A person charged with sexual interference must understand the facts and how the court process works. Anyone facing criminal charges relating to sexual acts should hire an experienced defence lawyer as soon as possible.
Seeking guidance through legal challenges? Let us navigate the complexities together and find solutions tailored to your needs.
According to the Canadian Criminal Code, ‘sexual purpose’ is defined as intentional and purposeful contact for sexual gratification.
Invitation to sexual touching is a similar offence, but the two are not interchangeable. It refers to a person asking, inviting, or otherwise inciting someone under the age of consent to touch a part of their body in a sexual manner. A person can be charged with both offences separately.
Sexual assault charges vary depending on a number of factors, including, but not limited to, the age of the complainant and the relationship with the accused (e.g., a person in a position of trust). Different types of sexual assault charges include sexual interference, sexual exploitation, voyeurism, and child pornography.
Interfering with the physical and sexual integrity of a minor in any way is a criminal offence under Canadian law. This type of charge is a hybrid offence. It is at the discretion of the Crown prosecutor how to proceed, and the court cannot intervene in any way. There are two possible levels to which they can proceed.
Summary conviction offences are the least serious under Canadian law. They are not eligible for a preliminary hearing, and there is no jury present at the trial. If the Crown elects to proceed summarily, the matter will be heard in the Ontario Court of Justice before a judge.
An indictable offence is far more serious. A trial must be held before a judge and/or jury. Eligibility for a preliminary hearing depends on the nature of the crime. Depending on the severity of the offence, the defendant may or may not have the right to a preliminary hearing. It is an offence punishable by significant jail time.
Sexual interference of any kind carries a punishment. The mandatory minimum punishment and maximum penalty depend on how the Crown prosecutor tries the case. If they prosecute summarily, the defendant can expect to serve a jail sentence. The mandatory minimums relating to this charge have been successfully challenged, rendering them of no force or effect. When the offence proceeds by indictment, the minimum sentence is one year in prison. The maximum jail time is 14 years. It is essential to hire an experienced criminal defence team if facing an indictment of this nature. If found guilty, the defendant must also register under the Sex Offender Information Registration Act (SOIRA) and adhere to all associated rules.
If charged with sexual interference, there are several defences the legal team can pursue, although much depends on the details of the case.
Consent is not a legal criminal defence in Canada when it concerns sexual activity with a minor. It is not always legally possible for anyone below the age of 16 years old to consent to sexual activity. The only time consent can be considered relevant is:
The honest but mistaken belief of age can only be used as a defence if there is sufficient proof that the accused took all reasonable steps to ascertain the true age of the complainant. Such steps include questioning the age, asking for proof of age, and confirming the age with another person.
There are cases when it can be argued that the contact was accidental. Again, evidence to support the claim is essential. Cross-examination of the complainant usually plays a significant role in any type of defence.
If the defendant can prove that the touching was of a non-sexual nature, the charges may be avoided. There are cases when the touching of a young person is not for any sexual purpose, but there must be substantial cause for this defence to succeed. Cross-examination is, again, an essential element in such cases.
A criminal lawyer is a necessity in any sexual assault case, including sexual interference. Without experienced legal guidance, the accused is exposed to serious consequences, including a jail sentence, a criminal record, and SOIRA registration. By hiring an experienced criminal lawyer at the very beginning of the case, the accused gives themselves the best chance at a successful defence. The possibility of being acquitted of a sexual interference charge without a lawyer is significantly low.
If you have been charged with a sexual offence, it is essential that you contact the best criminal defence law firm. Do not wait to get in contact—call today to arrange a free consultation to discuss your case and how best to proceed.
Canadian law is tough on those accused of sexual assault to any degree, so it is imperative to build a strong defence as early as possible with the help of experts.
Seeking guidance through legal challenges? Let us navigate the complexities together and find solutions tailored to your needs.
Don’t leave your defence to chance! Contact a Criminal Lawyer Mississauga today.