Sexual Interference Charges in Calgary
Sexual interference is an offence under Section 151 of the Criminal Code of Canada (the “Code), which arises when an individual touches a person under the age of 16 for sexual purposes.
An invitation to sexual touching, in which an individual encourages someone under the age of 16 to touch another person under the age of 16 for sexual purposes, also constitutes an offence under Section 152 of the Code.
An offence under sexual interference is a hybrid offence, in which the Crown determines whether to proceed as a summary or indictment offence. Conviction under a summary offence can lead to a maximum of 2 years less a day imprisonment. In contrast, conviction under an indictment offence can lead to a maximum of 14 years imprisonment.
According to statistics, over the last decade, Calgary has seen a rapid increase in sexual interference incidents, jumping from 48 incidents in 2013 to 227 in 2023. Our skilled team of criminal defence lawyers at Strategic Criminal Defence are here to support individuals navigate their way through their sexual offence charges.
Key Takeaways
- The severity of a sexual interference offence is conditional on whether you are prosecuted under a summary or indictment offence.
- Under a summary offence, an individual may be convicted of a minimum of 90 days imprisonment up to a maximum of 2 years less a day.
- An indictment is a more serious offence in which an individual may be convicted of a minimum imprisonment of 1 year up to a maximum of 14 years.
- In Calgary, a bail hearing is likely required to be released when charged with sexual interference.
- Bail conditions can include refraining from contacting the alleged victim and attending the alleged victim’s home, imposing a curfew, and an injunction from attending any place where children are likely to be present, such as pools, schools, and playgrounds.
- Sexual interference charges can be beaten. Contact Strategic Criminal Defence for assistance from one of our skilled defence lawyers in determining the best strategy for you.
How can a sexual interference lawyer in Calgary help?
Hiring a criminal defence lawyer comes with numerous advantages when fighting a sexual interference charge. Here at Strategic Criminal Defence, our lawyers can provide clients with precharge legal advice in which clients obtain legal advice prior to their charge, allowing them to determine whether to continue with our services. Our lawyers can also provide protection against self-incrimination through equipping our clients with adequate knowledge on how to navigate their conversations with law enforcement.
Our adept lawyers can help you achieve the best possible outcome through gathering evidence, interviewing witnesses, and when necessary, retaining expert witnesses, and representing you at trial.
Navigating the criminal justice system and court process can be a daunting experience but our skilled lawyers are here to guide you through the process. Book a free consultation to find out more about how our criminal defence lawyers can help you.
Sexual Interference Charge in the Criminal Code of Canada
A charge under sexual interference arises when an individual, “directly or indirectly”, touches a person under the age of 16 for sexual purposes and, in Canada, is viewed as a serious charge.
Examples of Sexual Interference Charges
Some examples of a sexual interference charge may include the following:
- Touching an individual under the age of 16 in a sexual manner;
- Raping an individual under the age of 16;
- Kissing an individual under the age of 16;
- Coerced sexual contact with an individual under the age of 16.
What are the consequences of a sexual interference charge?
Sexual interference charges are hybrid offences with Crown election, in which the Crown has the discretion to prosecute under a summary or indictment offence. If the Crown continues under a summary offence, an individual may face imprisonment as low as 90 days up to a maximum of 2 years less a day. On the other hand, if the Crown proceeds as an indictment offence, an individual may be convicted of as low as one-year imprisonment up to a maximum of 14 years.
Sexual Interference Charge Defences
Here at Strategic Criminal Defence, we understand that each case is unique. That is why our lawyers curate defences based on the specifics of your case. Each defence comes with strengths dependent on the precise allegations, individual circumstances, and evidence provided against you. Below are some common defences utilized in sexual interference cases.
- Lack of intent: To convict you of a criminal offence, the Crown must prove both actus reus (guilty action) and mens rea (guilty mind). If it can be established that you lacked the intention of committing the offence, the mens rea element fails to be met. Therefore, this defence would apply and you may not be convicted of sexual interference.
- Mistaken belief in age: This defence to sexual interference is applicable when you honestly believed and took all reasonable steps to conclude that the complainant was 16 years of age or older. Therefore, you cannot be convicted of sexual interference.
- Any applicable Charter defences: The Charter outlines all your rights and freedoms before and after your arrest. If a circumstance arises in which the police failed to adhere to any of your Charter rights, this defence may apply, in which case some or all of the evidence relied upon by the Crown may be excluded.
Sexual Interference Charge Investigation
A sexual interference charge investigation typically arises when the Calgary Police Service is contacted by a parent or legal guardian of the alleged victim (minor). Once an incident has been reported, the police require a statement from the complainant and witnesses to start their investigation. Typically, the alleged victim’s family and close friends may also be interviewed, along with the victim themselves, followed by a forensic examination (sex assault kit) taking place. During this test, a physician completes a physical examination of the alleged victim and takes note of any visible signs of sexual interference. However, the charge will not be dropped in the absence of any visible signs.
The Calgary Police Service has assembled a Child Abuse Unit that is in charge of investigating crimes committed against children. In the absence of serious physical abuse, the Child at Risk Response Team will typically be involved. Upon completion of the investigation, an arrest will occur if the police believe you have committed the crime.
If you have been arrested, the police must allow you to privately contact a lawyer, in which case all further questioning will be halted until you have exercised this right.
Bail Conditions for Sexual Interference Charges
In Calgary, a bail hearing is likely required to obtain a bail when charged with sexual interference. If you are released on bail, there will be certain conditions implemented which must be followed. Failure to uphold any of these bail conditions will result in your arrest.
Some typical bail conditions seen for sexual interference charges include a no-contact condition, in which you must reasonably refrain from contacting the alleged victim and attending their home. A curfew may also be implemented, in which you will be unable to stay out past a specified time. You may also face a condition restraining you from visiting any places where children are typically present, such as schools and playgrounds. Further bail conditions may include restrictions on drug or alcohol usage, possessing weapons, and travelling.
Frequently Asked Questions About Sexual Interference
Will a sexual interference charge show on my criminal record?
A sexual interference charge will not show on your criminal record while the case is ongoing. However, during this time, it will be visible on any police databases. Once your case has concluded, a charge will only show on your criminal record if you have been convicted of sexual interference. In the absence of a conviction, there will be no charge shown on your criminal record although the police may still have a record of your charge in their database.
What is the sentencing range for sexual interference?
The sentencing range for a sexual interference depends on whether you were charged under a summary or indictment offence. Under a summary offence, an individual may be convicted of a minimum of 90 days imprisonment up to a maximum of 2 years less a day. An indictment is a more serious offence in which an individual may be convicted of a minimum imprisonment of 1 year up to a maximum of 14 years.
What does sexual interference mean in Canada?
Section 151 of the Criminal Code of Canada defines a sexual interference offence as one in which an individual, directly or indirectly, touches another individual under the age of 16 for sexual purposes. In Canada, offences committed against children are treated very seriously, therefore it is important to contact a criminal defence lawyer to learn more about what you can do.
Contact Us
If you have been charged with a criminal offence, you need legal advice. Contact our Calgary criminal lawyers today for a free consultation.
