Sexual offences involving minors are treated with strict scrutiny under Canadian law. Two charges that often cause confusion are sexual assault and sexual interference. 

Sexual Assault vs. Sexual Interference

While both are serious crimes, they have distinct legal definitions, penalties, and implications.

Sexual Assault: Broadly Defined

Sexual assault, as outlined in section 271 of the Criminal Code of Canada, occurs when a person intentionally applies force of a sexual nature to another person without consent. 

This definition includes a wide range of conduct, from unwanted touching to violent sexual offences.

In cases involving adults, consent is a key factor in determining guilt. However, when the complainant is under 16 years old, the issue of consent becomes irrelevant—any sexual contact is automatically deemed unlawful, even if the minor agrees to it.

The penalties for sexual assault vary depending on the severity of the offence, whether a weapon was used, and whether the victim suffered bodily harm. 

Convictions often result in: 

• Lengthy prison sentences
• Mandatory registration on the national sex offender registry
• Restrictions on employment and travel

Sexual Interference: Specific to Minors

Sexual interference, under section 151 of the Criminal Code, applies exclusively to offences against minors under the age of 16. This charge is specific to direct physical contact of a sexual nature with a minor. 

Unlike sexual assault, which applies to victims of all ages, sexual interference specifically criminalizes touching, for a sexual purpose, any part of the body of a person under 16.

A critical distinction is that sexual interference does not require proof of force or lack of consent. The law assumes that any sexual contact with a minor is illegal, regardless of the child’s willingness or participation.

Convictions for sexual interference carry severe penalties, including:

• Mandatory minimum sentences—At least one year if prosecuted by indictment.
• Up to 14 years in prison, depending on aggravating factors.
• Sex offender registry obligations, which can last for decades.

Their Differences and Legal Implications

The primary distinction between the two offences lies in their scope:

• Sexual assault applies to victims of all ages and encompasses a broad range of conduct.
• Sexual interference specifically targets sexual contact with minors under 16.

In many cases, a person accused of sexual interference may also face sexual assault charges, depending on the nature of the alleged offence. This can seriously increase legal consequences.

What Are Your Legal Defences and Next Steps?

Defences to these charges are highly case-specific. Possible arguments may include mistaken age (if the accused had a reasonable belief the complainant was over 16), lack of sexual intent, or insufficient evidence.

A conviction for either offence has long-lasting consequences, including incarceration, restrictions on employment, and lifetime inclusion on the sex offender registry. Anyone facing these charges should seek experienced legal representation immediately.

For legal guidance regarding sexual assault or sexual interference allegations, contact Steele Law for a confidential consultation.