Mississauga, Brampton and Newmarket Sexual Assault Lawyer
Both sexual interference and invitation to sexual touching are very serious charges:
- Sexual interference is the crime of touching with a part of the body or an object any part of the body of a person under the age of 16 years for a sexual purpose.
- Invitation to sexual touching is the crime of inviting, counselling or inciting a person under the age of 16 years to touch, directly or indirectly, with a part of his or her body or with an object the body of any other person including the person under the age of 16 years.
A related offence is the crime of sexual exploitation committed by anyone who is in a position of trust or authority toward a young person, or who is in a relationship of dependency or an exploitive relationship with the young person, defined as a person who is 16 years of age or more but under the age of 18 years, and who commits sexual interference or invitation to sexual touching.
The Criminal Code of Canada was recently amended to provide for higher minimum penalties with respect to the offences of sexual interference, invitation to sexual touching and sexual exploitation. If you have been charged with any of these crimes, it is absolutely critical that you seek only the most experienced of criminal defence lawyers.
I have more than 30 years of experience defending clients against allegations of sex crimes such as sexual interference, invitation to sexual touching and sexual exploitation. I provide my clients with the kind of strong, intelligent defence needed to protect their rights and freedom.
Call me for a consultation. You can reach me at 416-651-2299 or toll free at 1-888-399-3164. You can also contact my law firm online.
Potential Penalties for Sexual Interference, Invitation to Sexual Touching or Sexual Exploitation
The penalty that must be imposed upon a person convicted of any of these offences is a minimum of 90 days in jail and a maximum of 2 years less a day in jail if the Crown prosecutor elects to proceed summarily and a minimum of one year in jail and a maximum of 14 years in jail if the Crown prosecutor elects to proceed by indictment. A conviction for sexual exploitation is likely to attract a sentence higher than the minimum due to the breach of trust element and the exploitive nature of the offence.
Sex Offender Registry
Anyone convicted of a sexual offence will be subject to a mandatory order to comply with the Sex Offender Information Registration Act (SOIRA), which will result in his or her name and other personal information being placed in the Ontario National Sex Offender Registry. In addition the convicted person will be required to have his or her name placed on the Ontario Sex Offender Registry. This can seriously affect your ability to obtain employment and the quality of your life. This is another important reason to make sure you are represented by only a qualified and skilled criminal defence lawyer. More Information on the Sex Offender Information Registration Act (SOIRA), the National Sex Offender Registry and the Ontario Sex Offender Registry is available here.
Prohibition Orders - Section 161 of the Criminal Code of Canada
A person who is found guilty of committing a sexual offence, a child pornography offence or an offence involving the Internet luring of a person who is under the age of 16 years also faces the possibility that the court may make an order prohibiting the offender from engaging in activity that may bring the offender in contact with persons under the age of 16 years. This prohibition order is discretionary. The prohibition order may be for life or any shorter period that the court considers desirable. The court may also make the prohibition order subject to conditions or exemptions that the court considers appropriate.
The prohibition order may prohibit the offender from doing any or all of the following:
a) attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a day care centre, school ground, playground or community centre;
(b) seeking, obtaining or continuing any employment, whether or not the employment is remunerated, or becoming or being a volunteer in a capacity that involves being in a position of trust or authority toward persons under the age of 16 years;
(c) having any contact — including communicating by any means — with a person who is under the age of 16 years, unless the offender does so under the supervision of a person whom the court considers appropriate; or
(d) using the Internet or other digital network unless the offender does so in accordance with conditions set by the court.
Contact My Invitation to Sexual Touching Defence Law Firm in Ontario
If you have been arrested or charged with sexual interference or invitation to sexual touching, I am ready to listen to your side of the story and help you understand what happens now. For a free 30-minute consultation, please call 416-651-2299 or toll free at 1-888-399-3164. You can also contact my law firm online.