If you are facing sexual interference with a minor charge in Alberta, you need an experienced defence lawyer who understands the gravity of these allegations. Geoff Green, a seasoned criminal lawyer with over 25 years of experience, can provide the guidance and representation you need to protect your rights.
Sexual offences involving minors are treated with the utmost seriousness under Canadian law, and penalties can include lengthy prison terms and mandatory registration as a sex offender. It is imperative that you understand the legal framework, the possible defences, and the importance of early legal intervention.
What is a Sexual Interference Offence?
Sexual interference refers to the illegal touching of a minor under the age of 16 for a sexual purpose.
According to Section 151 of the Criminal Code of Canada, it is a criminal offence for anyone to directly or indirectly touch a minor with any part of the body or with an object for a sexual purpose. A conviction can lead to significant imprisonment and mandatory registration on the National Sex Offender Registry.
The law is clear: the age of consent in Canada is 16 years old, but there are exceptions for individuals in positions of trust or authority over the complainant. The law provides even greater protection for younger minors under the age of 14. The charge of sexual interference can apply even if the touching was consensual in the eyes of the minor, as they are legally incapable of giving consent under the age of 16.
Under Section 152 of the Criminal Code, inviting sexual touching from a person under 16 years of age is an offence, similar to s.151 noted above.
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Get a Free ConsultationPenalties for Sexual Interference and Sexual Assault of a Minor
The penalties for sexual interference of a minor are severe, reflecting the gravity of the offence. Conviction can lead to:
- Imprisonment: Depending on whether the case is prosecuted by Indictment or summary conviction, the maximum sentence can range from 90 days (on summary conviction) to 10 years (on an indictable offence).
- National Sex Offender Registry: Convicted individuals are automatically required to register as sex offenders, which can severely impact their ability to live a normal life, including employment and travel restrictions.
- Mandatory minimum sentences: Recent changes in law mean that even first-time offenders face mandatory minimum sentences of imprisonment, reflecting the seriousness with which these crimes are viewed, for summary conviction offences.
The long-term impact can be devastating if convicted, including a permanent criminal record, difficulty securing employment, travel restrictions, and severe personal and family consequences.
Defending Against Sexual Interference Charges
Building a strong defence against sexual interference charges requires thorough legal expertise and a clear strategy tailored to the specifics of the case. Common defences include:
- Mistaken Identity: In cases with no direct evidence, such as physical evidence or witnesses, the defence may focus on showing that the accused was not the individual responsible. Geoff Green emphasizes the importance of disproving identity in cases where the complainant may have been confused or mistaken in identifying the alleged offender.
- Lack of Sexual Purpose: A key element of sexual interference is proving that the touching was for a sexual purpose. The defence can argue that while contact may have occurred, it was not intended for a sexual purpose. Establishing that the touching was accidental or had a non-sexual intent can weaken the prosecution’s case.
- Consent and Age of the Complainant: Although the law is clear that minors under the age of 16 cannot give valid consent, if the accused can show that they believed the complainant was of legal age, this could form part of the defence. The “mistake of age” defence is available if the accused can demonstrate that they took reasonable steps to ascertain the complainant’s age.
- False Allegations: Unfortunately, false allegations can arise in sexual offence cases. Motivations for false claims can include family disputes, relationship breakdowns, or other personal conflicts. In these cases, cross-examination of the complainant and careful scrutiny of the evidence are essential to reveal inconsistencies and ulterior motives.
The Role of a Criminal Defence Lawyer in Sexual Touching Offences
A skilled criminal defence lawyer is your best ally in facing sexual interference charges. Geoff Green’s decades of experience in criminal law, particularly in defending against serious sexual offences, ensures that his clients receive comprehensive and strategic legal support. His approach includes:
- Gathering evidence: This includes collecting witness testimony, reviewing communications, and examining the complainant’s background to identify inconsistencies.
- Challenging the Crown’s case: Every piece of evidence presented by the prosecution is carefully scrutinized. Geoff Green understands the burden of proof lies with the Crown, and he works to highlight the weaknesses in their case.
- Negotiating with the Crown: In certain cases, a plea deal or reduction of charges may be in the client’s best interest. Geoff Green will negotiate on your behalf to achieve the most favourable outcome.
- Court representation: If the case goes to trial, Geoff Green is fully prepared to represent you in court, presenting a solid defence and cross-examining witnesses to challenge the prosecution’s narrative.
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Get a Free ConsultationSexual Exploitation and Positions of Trust
Sexual exploitation charges may also be laid if the accused is in a position of trust or authority over the complainant. Teachers, coaches, and caregivers, among others, are held to higher standards under Canadian law when it comes to interactions with minors. Sexual exploitation applies when the accused is in a position of power over a minor and uses that power to engage in sexual activities, even if the complainant is over the age of consent.
Penalties for sexual exploitation can be similar to those for sexual interference, with lengthy imprisonment and mandatory registration on the National Sex Offender Registry.
The Importance of Early Legal Intervention
If you have been charged with sexual interference or any other sexual offence involving a minor, it is crucial to seek legal help immediately. Early intervention by a criminal defence lawyer can make a significant difference in the outcome of your case. The stakes are high, and the legal process can be daunting, but you do not have to face it alone.
- Do not speak to the police without legal representation. You have the right to remain silent, use this right to protect yourself.
- Do not discuss the allegations with anyone other than your lawyer.
- Preserve any evidence supporting your defence, such as communications or alibi evidence.
Frequently Asked Questions about Sexual Assault and Sexual Interference of a Minor
What are the types of sexual interference offences?
Types of sexual interference offences include any act that involves sexual contact with minors under the age of 16, such as touching, fondling, or any invitation to sexual touching intended for sexual gratification. These actions violate the consent laws applicable to individuals under 16 years of age.
How do penalties for sexual assault differ from penalties for sexual interference?
Penalties for sexual assault generally differ from those for sexual interference based on the nature and severity of the offence. Sexual assault can encompass a broader range of actions, including aggravated sexual assault, which carries more severe penalties. On the other hand, there is a minor touching which, still being an assault, will likely get less jail time. Sexual interference specifically targets offences involving minors under 16 years.
What is the difference between sexual assault and sexual interference?
The difference between sexual assault and sexual interference lies primarily in the nature of the victim and the act. Sexual assault may involve any non-consensual sexual act against a person, while sexual interference specifically involves sexual contact with minors under 16 years. Both offences are serious and carry significant legal consequences.
Can a 14-year-old consent to sexual activity under Alberta law?
Under Alberta law, a 14-year-old cannot legally consent to sexual activity with an adult. The age of consent in Canada is 16 years, with some close-in-age exceptions that do not apply to adults. Engaging in sexual contact with a person under 16 without consent is considered a criminal offence.
What should victims of sexual interference do?
Victims of sexual interference are encouraged to report the incident to law enforcement as soon as possible. They should seek support from trusted individuals or organizations specializing in helping victims of sexual offences. It is also important for victims to consider seeking legal advice to understand their rights and the legal options available to them.
Protecting Your Future: Contact Geoff Green Today
Sexual interference charges can be life-altering, but with the proper legal representation, you can defend your rights and work toward the best possible outcome. Geoff Green has over 25 years of experience as a criminal lawyer in Alberta. He understands the complexities of these cases and the devastating personal and legal consequences that follow a conviction.
Contact Geoff Green for a free, confidential consultation today. He will evaluate your case, explain your options, and develop a robust defence strategy to protect your future. Time is critical in these cases, so do not delay seeking the legal help you need.