In Canada, offences involving sexual misconduct are treated with the utmost seriousness. While sexual assault vs. interference may sound similar, they are distinct crimes under the Criminal Code of Canada, each with its own legal definition, evidentiary threshold, and penalties.
For anyone facing such charges or for families seeking clarity, it’s important to understand what separates one from the other, particularly within British Columbia’s criminal justice system.
What Is Sexual Assault?
Sexual assault is one of the most broadly defined offences under Canadian law. Section 271 of the Criminal Code defines sexual assault as any form of non-consensual sexual contact, regardless of the degree of physical force or the relationship between the parties involved.
This offence includes a wide range of actions from unwanted touching of a sexual nature to more severe acts such as rape or penetration. What determines the seriousness is not the specific act, but the absence of consent and the sexual nature of the contact.
Consent Laws in Canada
Under Canadian consent laws, consent must be voluntary, continuous, and given by someone capable of providing it. Consent cannot be obtained through coercion, threats, manipulation, or when a person is unconscious or incapable of understanding the nature of the act.
Importantly, a person under 16 years of age cannot legally consent to sexual activity with an adult. This is where sexual interference laws become especially relevant.
What Is Sexual Interference?
Sexual interference, set out in section 151 of the Criminal Code, applies specifically to acts involving a person under the age of 16. The offence is committed when an individual touches, directly or indirectly, any part of the body of a person under 16 for a sexual purpose.
Unlike sexual assault, sexual interference does not hinge on whether the young person appeared to consent. Even if the minor willingly participated, the law deems them incapable of providing valid consent.
In short:
- Sexual assault focuses on lack of consent.
- Sexual interference focuses on age and sexual intent, regardless of consent.
Key Legal Differences: Sexual Assault vs. Interference
Understanding the differences between sexual assault vs. interference is critical, particularly when facing allegations in BC courts.
| Legal Element | Sexual Assault | Sexual Interference |
| Who Can Be a Victim | Any person, regardless of age | A person under 16 years old |
| Core Element | Lack of consent to sexual contact | Sexual touching for a sexual purpose involving a person under 16 |
| Consent | Central to proving the offence | Not a defence (the law presumes minors cannot consent) |
| Legal Reference | Section 271, Criminal Code of Canada | Section 151, Criminal Code of Canada |
| Penalties | Varies depending on circumstances | Mandatory minimum have been struck down so a variety of sentences apply |
| Trial Level | Provincial or Supreme Court | Provincial or Supreme Court |
The Legal Threshold for Each Offence
To secure a conviction for sexual assault, the Crown must prove beyond a reasonable doubt that:
- The accused intentionally touched the complainant;
- The touching was of a sexual nature; and
- The complainant did not consent to the touching.
For sexual interference, the Crown must prove:
- The complainant was under 16 years of age at the time;
- The accused touched the complainant (directly or indirectly); and
- The touching was done for a sexual purpose.
Intent plays a major role in interference cases. Courts look at the context—such as words, gestures, and circumstances—to determine whether the contact had a sexual purpose.
Penalties and Sentencing
The penalties for sexual interference are significant. The mandatory minimum penalties under the Criminal Code have been struck down as being unconstitutional in British Columbia. The maximum penalty is 14 years in prison.
For sexual assault, the sentence depends on the level of violence, harm, and circumstances of the case. Sentences can range from probation to lengthy imprisonment. However, where the complainant is a minor, penalties are typically harsher.
Both offences also carry long-term consequences beyond jail time, including:
- Mandatory registration in the National Sex Offender Registry
- Travel restrictions
- Severe impacts on employment, immigration status, and reputation
Defending Sexual Offence Charges in BC
Facing allegations of sexual assault or sexual interference in British Columbia can be overwhelming. These cases often rely heavily on witness credibility, forensic evidence, and the interpretation of intent or consent.
A skilled criminal defence lawyer will examine every detail from the initial police investigation to how the Crown has applied the law to build a strong defence. In some cases, issues such as mistaken belief of age, breach of Charter rights, or inconsistencies in evidence may form part of the strategy.
Because these matters carry severe social and legal repercussions, early legal intervention is crucial.
Why Understanding These Differences Matters
For individuals accused, the difference between sexual assault and sexual interference can determine not only the legal strategy but also the potential outcome. Misunderstanding the charges can lead to severe consequences, including inappropriate plea decisions or sentencing outcomes.
Understanding the nuances of sexual assault vs. interference helps ensure that accused individuals can navigate the justice system with clarity, protect their rights, and make informed decisions about their defence.
Contact Michael Shapray for a Skilled Criminal Defence
If you are facing charges related to sexual assault or sexual interference in British Columbia, don’t face it alone. These are among the most serious offences under Canadian law, and the consequences can affect every part of your life.
Michael R. Shapray, a leading criminal defence lawyer in BC, has extensive experience defending clients in complex sexual offence cases. He understands how to navigate sensitive allegations, protect your rights, and pursue the best possible outcome.
Contact Michael Shapray today to schedule a confidential consultation and discuss your legal options.