The law could get pretty confusing, especially when you are not familiar with the Constitution. The Sexual Interference Act is even more baffling. Interpreting this section could raise a ton of questions. If you are facing such charges, consulting a criminal lawyer in Brampton is crucial for proper legal guidance.
As a leading criminal defence lawyer in Canada, I have interacted with the Constitution pretty well. Today, I would like to respond to some of the frequently asked questions about sexual interference charges as stipulated in s.151 of the Criminal Code of Canada.
Let’s get to the point:
What is ‘Sexual Interference’ as stipulated under section 151 of the Criminal Code?
We term it sexual interference when, with sexual intentions, an individual touches an underage either directly or indirectly. Touching could be with an object or your body. In a court of law, the Crown must prove that you intentionally touched the person with sexual intent and that you knew that the person was below the consent age or you never bothered to determine their age.
What is the consent age for sexual intercourse in Canada?
Sixteen years is the age of consent in Canada. However, if you are in a position of authority, trust, or dependency, you can be charged with sexual interference for touching persons below 18 years. Such positions could be teachers, caregivers, bosses, parents, and stepparents.
Does the law prohibit young people from engaging in sexual activities?
The law does not prohibit sexual activities among youngsters as long as it’s between close-in-age persons. For instance, a 14 and 15-year-old may give consent for sex with (i) a person not older by five years and (ii) is not in a position of authority, trust, dependency, or any other position that may be deemed as exploitation. The same applies to a 12 and a 13-year-old, but the age gap with the partner should not be more than two years.
What are the penalties if I’m found guilty of sexual interference?
If found guilty, the Crown prosecutor will decide on how to proceed. This is a hybrid offence that can be pursued by indictment or summarily. An indictment is considered serious, while a summary is the same as a misdemeanour. For indictment, you can serve one year imprisonment at the minimum or a 14-year term at the maximum. If the Crown takes it as a summary, you may do 90-day detention at the minimum and one year at the most.
What can be a legal defence to sexual interference?
Here are some defences:
- Touching with no sexual intent
- Age mistake
- Unintentional touching
Defending yourself could also mean questioning your complainant in a process called cross-examination. The only problem comes when you do not have a lawyer. You will not be allowed to cross-examine, but the court will appoint a lawyer for that role. Remember that the appointed lawyer will not be your lawyer but will be playing the role assigned by the court.
If you are facing charges, finding the right criminal lawyer in Brampton is crucial. Residents of Brampton can benefit from consulting the best criminal lawyer to ensure a strong defence strategy.
Why You Need Legal Support
Navigating legal processes without proper representation can be daunting. It’s important to understand strategies for finding a lawyer who can support your case effectively. Experienced legal support can make a significant difference in the outcome of your case.
Conclusion
If you are charged with Sexual Interference, it would be wise for you to have your lawyer. You can always contact us for legal representation in court. Apart from helping you with cross-examination, we shall be there to guide you through the whole process of defending yourself. That way, you will stand a better chance of winning the case.
