Sexual interference is a specific offence under the Criminal Code of Canada involving sexual touching of a person under the age of 16. It is a serious charge with consequences that can extend well beyond the courtroom, including restrictions on employment, family relationships, travel, and reputation.
When I explain this offence to a client, I start by separating sexual interference from the broader offence of sexual assault. They can arise from the same alleged conduct, but they are not legally identical. Age, the purpose of the touching, consent rules, and the evidence surrounding the interaction all matter.
Below, I explain what sexual interference means under Canadian law, how consent laws apply, and how the offence differs from sexual assault.
What Does Sexual Interference Mean Under the Criminal Code?
Sexual interference is set out in section 151 of the Criminal Code. The offence is committed when a person, for a sexual purpose, touches a person under 16 directly or indirectly with a part of the body or with an object.
The wording is intentionally broad. The alleged touching does not have to involve intercourse, and it does not have to be direct skin-to-skin contact. What the Crown must prove includes the touching, the complainant’s age, and the sexual purpose behind the contact.
My sexual interference practice page provides more information about how I defend these allegations, and my sexual offences case results include cases involving sexual interference charges and investigations.
Sexual Interference Canada: What the Crown Must Prove
In a sexual interference Canada prosecution, the Crown must prove every essential element beyond a reasonable doubt. Depending on the case, the issues may include the identity of the accused, the age of the complainant, what physical contact actually occurred, and whether the touching was for a sexual purpose.
The sexual purpose element can be particularly important because not every physical contact with a person under 16 is sexual. The surrounding circumstances, statements, messages, relationship between the parties, location, and nature of the alleged touching can all become relevant evidence.
I also examine how the allegation was first reported, whether accounts changed over time, and whether there is independent evidence that supports or contradicts what either side says occurred.
Consent Laws in Canada and Sexual Interference
Canada’s consent laws contain special rules for people under 16. Under section 150.1 of the Criminal Code consent is generally not a defence to sexual interference involving a complainant under 16, subject to specific close-in-age exceptions.
The Department of Justice’s age of consent guidance explains that the general age of consent to sexual activity in Canada is 16. A 14- or 15-year-old can consent in a close-in-age relationship where the other person is less than five years older and there is no relationship of trust, authority, dependency, or exploitation. A 12- or 13-year-old can consent where the other person is less than two years older, and the same restrictions are satisfied.
These exceptions are fact-specific. Consent laws cannot be assessed by age alone because a relationship involving authority, dependency, or exploitation can change the legal analysis.
A claimed mistake about age also has its own legal requirements. The Criminal Code limits when an accused can rely on a mistaken belief about the complainant’s age, including a requirement to have taken reasonable steps to determine age in the circumstances covered by the provision.
Sexual Interference vs. Sexual Assault
Sexual assault is prosecuted under section 271 of the Criminal Code. It is an assault committed in circumstances of a sexual nature, and the law of consent is central to the analysis. Sexual interference, by contrast, is a child-specific offence focused on sexual touching of a person under 16.
The same allegation can support both charges. For example, some of my case results involve clients who were charged with both sexual assault and sexual interference arising from the same set of facts. That does not mean the offences are duplicates. The Crown must still prove the legal elements of each charge.
For sexual assault generally, the Criminal Code defines consent as the complainant’s voluntary agreement to the sexual activity in question. Section 273.1 also identifies situations in which consent is not legally obtained.
Potential Penalties for Sexual Interference
Sexual interference is a hybrid offence, meaning the Crown can proceed by indictment or by summary conviction. The Criminal Code currently provides a maximum sentence of 14 years when the Crown proceeds by indictment and two years less a day when the matter proceeds summarily. The section also sets minimum terms of imprisonment, subject to the law governing sentencing and constitutional review.
Sentencing in an individual case depends on much more than the maximum penalty. Courts consider the circumstances of the offence, the age difference, the relationship between the parties, the nature and duration of the conduct, the accused’s record, rehabilitation, risk, and other aggravating or mitigating factors.
A conviction can also trigger additional orders and restrictions. Because the consequences are significant, I treat these cases as requiring early, detailed preparation rather than waiting until a trial date is close.
How I Approach a Sexual Interference Case
My first task is to understand the evidence before deciding on a strategy. In these cases, that can include police statements, text messages, social-media communications, medical evidence, forensic examination of devices, search warrants, witness accounts, and records that help establish a timeline.
I also review whether the police respected the client’s Charter rights, whether any statement was obtained lawfully, and whether search and seizure issues arise. Credibility and reliability can become central where the case depends primarily on conflicting accounts of what happened.
My sexual offences case results include sexual interference matters that ended with charges not being approved, charges being dropped, peace-bond resolutions, and not-guilty verdicts after trial. Past results do not guarantee a particular outcome, but they show the range of issues that can arise in these cases.
Why Early Legal Advice Matters
Many sexual interference investigations begin before a person is formally charged. Police may ask for an interview, execute a search warrant, or seize electronic devices. Decisions made at that stage can affect the entire case.
If I am retained during an investigation, I can communicate with police, advise the client about statements and evidence, and begin assessing the case before charge approval is complete. If charges have already been laid, I can review disclosure and identify the factual and legal issues that need to be addressed.
If you are under investigation or facing a sexual interference charge in British Columbia, contact me for a confidential consultation. You can also review my broader sexual offences defence practice and case results to learn more about my experience with these allegations.