If you are facing sexual interference charges, you need a criminal defence lawyer in Calgary to look at your case as soon as possible.

Sexual interference is when a person touches a child under the age of 16 years for a sexual purpose. The touching can be direct or indirect, with any part of the body or with an object, and includes touching through clothing.

Sexual interference is designed specifically to protect children from sexual abuse and exploitation. The law recognizes that children cannot legally consent to sexual activity with adults or older teens.

Sexual interference is a hybrid offence, which means the Crown prosecutor can choose to proceed either by indictment (for more serious cases) or by summary conviction (for less serious cases). However, the penalties are substantial either way.

If prosecuted by indictment, sexual interference carries a mandatory minimum sentence of one year in prison and a maximum sentence of 14 years. If prosecuted by summary conviction, there is a mandatory minimum sentence of 90 days in jail and a maximum of two years.

In addition to jail time, a conviction for sexual interference requires registration as a sex offender under the Sex Offender Information Registration Act, and the court may impose various restrictions on contact with children in the future.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of sexual interference beat the charge.

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a lawyer today by calling (403) 719-6410.

Key Takeaways

  • Section 151 of the Criminal Code says that sexual interference is when you touch someone under 16 for sexual reasons.
  • You can touch someone directly or indirectly, through clothes, with any part of your body or an object.
  • There are minimum sentences that must be sentenced in every case, even though it is a hybrid offence.
  • If you are found guilty and the offence is proceeded with by indictment, the minimum sentence is at least one year and the maximum is fourteen years.
  • If you are found guilty of a summary offence, the minimum is 90 days and maximum two years.
  • You will also have to register as a sex offender for the rest of your life if you are found guilty.
  • These charges are serious, but if you have the right legal strategy, you can defend yourself. 
  • Some possible defences are that the person was mistaken for someone else, that there was no sexual purpose, or that the complainant’s evidence isn’t reliable.

How Our Lawyers Help With a Sexual Interference Charge

During this life-changing event, our lawyers will guide you through the process. 

  • We can help you understand what will happen if charges are filed and give you legal advice about the investigation process even before charges are official.
  • Our lawyers can collect important evidence, like emails, text messages, or alibis that don’t match the the Crown’s evidence. We can hire professionals as needed to give expert testimony. 
  • Our lawyers are knowledgeable about the extra steps that need to be taken when there are young complainants. They are comfortable with the special rules required for evidence in these types of cases. 
  • During the trial, we can carefully question the complainant, taking into account their age, and question the Crown’s evidence as needed.

Examples of Sexual Interference Offences

In Calgary, sexual interference crimes can happen when: 

  • A 25-year-old coach taught a 14-year-old player. The coach would often rub the teen’s shoulders and back and talk about how their bodies were changing during their sessions. The coach was charged with sexual interference because the touching was done for sexual reasons and the person was under 16.
  • A 19-year-old tutor was going out with a 15-year-old high school student they worked for. The older teen’s parents called the police when they found out that there was sexual touching, even though both teens said the relationship was consensual. In Canada, a person under 16 can’t legally agree to have sex with someone who is more than five years older or who is in a position of trust. 
  • A 32-year-old family friend was helping a 13-year-old with their homework. During these meetings, the adult would hug the teen and touch their lower back. Because of how they touched the child and they were doing it for sexual reasons, the adult was charged with sexual interference.

Consequences of a Sexual Interference Offence 

The Crown prosecutor can proceed with either a summary or indictable charge, as sexual interference is a hybrid offence. Both routes, however, require minimum sentences.

  • If the Crown proceeds by indictment, a conviction for sexual interference carries a mandatory minimum sentence of one year in prison. 
  • The maximum penalty is 14 years in prison. 
  • In more serious situations involving small children, betrayal of trust, or persistent behaviour, sentences that are close to the maximum may be imposed.
  • If the Crown moves forward with a summary conviction, a mandatory minimum sentence of 90 days applies.
  • The maximum penalty in this case is two years.
  • Although sexual interference is always considered a serious offence, less serious cases are typically handled through summary proceedings.

In addition to jail time, a conviction for sexual interference entails mandatory registration as a sex offender under the Sex Offender Information Registration Act. This may be valid for ten, twenty, or even life years, depending on the specifics.

Sexual interference convictions also result in a permanent criminal record, which can severely limit one’s ability to find employment, housing, and international travel, particularly within the United States.

Sexual Interference Offence Defences

Being accused of sexual interference is extremely serious, but you might be able to assert a variety of legal defences based on the specifics of your case. 

The following are a few possible potential defences against sexual interference charges:

  • Purpose: The Crown must establish beyond a reasonable doubt that the touching was performed for a sexual purpose. A full defence may be offered if our team can show that any touching that took place was not sexually motivated. 
  • Mistake of Age: To assert this defence, you must show that you took all necessary steps to verify the individual’s age. However, this defence has many restrictions; it cannot be applied in roles of trust or authority, for example.
  • Identity or Alibi: Proving that you were not the correct person is sometimes relevant to the situation. This can be demonstrated by contesting identification evidence if the complainant has named the incorrect person or by providing alibi evidence that you were somewhere else at the time.

Sexual Interference Charge Investigation

When the police get a report of possible sexual interference, they start a special investigation to collect evidence and protect the child. 

  • A police officer who has been trained in child forensic interviewing usually talks to the child. 
  • The police will then look for and talk to any possible witnesses, such as other children who may have been around the accused, family members, teachers, or anyone else who may have seen the child act strangely or change over time.
  • When the police investigate sexual interference offences, depending on the circumstances, they often collect things like bedding, clothes, and electronics as evidence. 
  • Police might look for text messages, social media posts, pictures, or videos that show the accused and the child communicating
  • The police usually talk to the person who is accused last, after they have more evidence.
  • Before being questioned, they will be told that they have the right to a lawyer and to remain silent.

Bail Conditions for Sexual Interference Charges

If you are accused of sexual interference, you might be able to get out on bail until your trial.

  • People who are accused of sexual interference usually can’t talk to the complainant. This includes all communication, such as, on the phone, by text, on social media, by email, or through other people. This no-contact order usually also applies to the complainant’s close family members.
  • You likely won’t be able to be alone with anyone younger than 16. This includes that you can’t talk to kids or go to places they like to be, like schools, playgrounds, community centres, or public pools.
  • If you are charged with sexual interference, your bail conditions may also include limits on how you can use the internet and your devices. 
  • In some serious situations, you might not be able to use the internet at all. You may also need to give the police your electronics.
  • There are usually geographic limits, especially if the offence is said to have taken place in a certain area. 
  • You might have to stay a certain distance away from the complainant’s home, school, or other places they go often.
  • You may also have to follow a curfew, check in with a bail supervisor on a regular basis, or wear an ankle bracelet that tracks where you go.

If you break any of these rules, you might be charged with a different crime and lose your bail. You would have to stay in jail until your trial if this happened.

For more information, visit our page on The Bail Hearing Process in Calgary.

Frequently Asked Questions

There are many kinds of proof that can be used in sexual interference cases, but the child’s testimony is usually the most important. Most of the time, the child will talk to the police on video. Depending on the province, this recording might be played at trial instead of having the child testify in person again.

A doctor’s exam could be medical proof, but a lot of sexual touching doesn’t leave any physical proof. When they are available, photos of injuries or DNA evidence can be very helpful.

In these kinds of cases, electronic evidence is becoming more and more important. There could be text messages, emails, social media messages, or other digital conversations. The police can search computers, phones, and other devices for information that could help them.

Witnesses often talk about how the child acted differently or what they said. These could be parents, teachers, friends, or other adults who spent time with the child.

If you are found guilty of sexual interference in Canada, you have to register for the Sex Offender Information Registration Act (SOIRA) registry. How long you stay on the registry will depend on how the Crown decides to handle the case and your criminal record. You could go to jail if you don’t follow the rules of the registry. You can only ask to end a registration order in a few situations, and most of the time you need a pardon or a record suspension to do so.

Even if you haven’t been found guilty yet, a charge of sexual interference can have a big effect on your job and future. This conviction will show up on background checks, which will make it very hard to find work in many areas. A conviction affects more than just your job, travelling internationally is also likely impacted by a sexual interference charge.