Sexual interference is a serious offence under Canadian law. It is specifically designed to protect minors under the age of 16 from unwanted sexual attention and contact. However, confusion is common when it comes to whether physical contact is always required for a charge to be laid or sustained.
The short answer is that sexual interference does involve some level of physical contact, but not all physical contact is necessarily overt or obvious.
The Canadian Criminal Code defines sexual interference this way:
“Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years.”
While non-physical behaviour may lead to other charges, such as invitation to sexual touching or luring a child, a sexual interference charge generally requires that the accused touched the complainant’s body for a sexual purpose.
What the Law Says About Sexual Interference
The Criminal Code definition does require contact, but it also recognizes that the nature of the contact may vary and does not have to be violent or prolonged.
The law also does not require the touching to involve private parts. Any form of physical contact may qualify if the purpose behind it is found to be sexual in nature. This means that seemingly minor or non-invasive contact can still result in a criminal charge, depending on the context and intent.
Understanding “Sexual Purpose”
Proving sexual purpose is often a central issue in sexual interference cases. The court will examine the circumstances surrounding the incident to determine intent.
Here are some of the factors the court could take into account:
- The part of the body touched
- The nature of the contact
- Any accompanying remarks or behaviour
- The relationship between the parties
The accused’s intent does not have to be proven through direct evidence. Intent can be inferred from the facts of the case. If the contact is found to be motivated by sexual interest, it may satisfy the requirements for a charge of sexual interference.
Common Misunderstandings
It is a common misconception that sexual interference requires sexual intercourse or overt sexual behaviour. In reality, the law is broad and allows charges to be laid in response to relatively brief or non-violent contact if it meets the criteria.
Another misconception is that consent from the complainant can be used as a defence. In cases involving minors under 16, consent is not a defence under Canadian law. The law presumes that individuals below that age cannot legally consent to sexual contact with an adult.
Legal Defences
Here are some of the common defences to a charge of sexual interference:
- A reasonable belief that the complainant was over the age of 16
- Lack of sexual intent
- No physical contact occurred
- Mistaken identity
- Insufficient or unreliable evidence
Each case is unique, and the facts must be carefully examined. Early legal advice is essential to building a defence and responding to police investigations or court proceedings.
Contact a Criminal Defence Lawyer Now
If you are facing allegations of sexual interference, you need legal representation without delay. These cases carry serious consequences, including mandatory jail time, registration on the sex offender registry, and lifelong limitations on employment and travel.
Jerry Steele at Steele Law has experience defending sexual offence charges across British Columbia. He provides clear, confidential advice and strategic legal defence to protect your rights and reputation.
Contact Steele Law today for the aggressive legal defence you deserve.
This content is for informational purposes only and does not constitute legal advice.