Sexual Interference Sentencing Canada

Sexual interference means any sexual touching of a person under 16. It’s treated as one of Canada’s most serious sex offences, with mandatory jail and strict conditions that follow you long after release.

At a glance:

• Guaranteed jail time: Minimum 90 days if charged summarily.   One year mandatory minimum sentence if the Crown elects by indictment – up to 14 years for the most severe cases.

• After prison: Most people who receive sentences of less than two years in jail will also typically receive probation orders which commence after the jail sentence is completed.  Probation orders have tight restrictions: no contact with minors, bans from schools and parks, internet limits, and mandatory counselling or therapy.

• Court-ordered bans: Judges must issue prohibitions to keep you away from settings where kids are present and restrict certain types of work.

• DNA and Sex Offender National Offender Database Registration orders (i.e., Sex Offender Information Registration Act orders).Serious risk factors: Using force, repeated incidents, or abusing a position of trust lead to longer sentences.

• Possible leniency: First-time offence, demonstrated remorse, or mental health treatment may help, but never below the mandatory minimum.

• Long-lasting effects: Sex offender registry enrollment, trouble finding work, travel restrictions, and social stigma can follow you for years or life.

In short: These charges carry severe penalties that can reshape your entire future. If you’ve been accused, experienced defence counsel is essential — the details of your case matter and a solid defence can significantly change the outcome.

Read on for a detailed breakdown of how judges decide sentences, what factors make things worse or better, and what to expect in court.

 

Understanding Sexual Interference Under Canadian Law

Sexual interference, as defined in Section 151 of the Canadian Criminal Code, involves touching a person under 16 years of age for a sexual purpose. This offence is distinct from other sexual offences in Ontario and carries its own specific sentencing provisions and considerations.

The offence requires proof of several elements, and understanding these helps appreciate why sentencing can vary significantly based on specific circumstances. As explained in our guide about defences to sexual interference, the nature of the offence affects both defence strategies and potential sentences.

Elements of the Offence

Courts must consider how the specific elements of sexual interference were proven when determining appropriate sentences. Key elements include direct or indirect touching, sexual purpose of the contact, age of the complainant (under 16), and knowledge or willful blindness regarding age. 

The prosecution must prove each of these elements beyond a reasonable doubt. The specific circumstances surrounding each element can significantly impact sentencing decisions, with courts giving careful consideration to the nature and severity of the conduct in question.

 

Mandatory Minimum and Maximum Penalties

Sexual interference carries both mandatory minimum sentences and maximum penalties that vary depending on whether  the Crown elects to proceed summarily or by indictment.   Understanding these parameters helps assess potential outcomes and develop appropriate defence strategies.

Sentencing Framework

The sentencing framework for sexual interference reflects Parliament’s recognition of the serious nature of these offences against children. When proceeding by summary conviction, there is a minimum 90-day imprisonment term with a maximum of 2 years less a day. The mandatory minimum applies to all cases regardless of mitigating factors.

For indictable offences, the minimum imprisonment is 1 year with a maximum of 14 years. Enhanced penalties are typically sought for aggravating circumstances or repeat offenders. This tiered approach reflects the range of conduct that can fall under this charge, from less severe to extremely serious offences. The mandatory minimum jail terms will only apply in minor touching cases.

Factors That Influence Sentencing

Courts consider numerous factors when determining appropriate sentences within the statutory framework. These considerations can significantly impact the final sentence imposed. Primary sentencing factors include the degree of sexual contact involved, duration and frequency of offending, age difference between accused and complainant, relationship between parties, and criminal history of the accused.

Each case is assessed individually, with courts weighing these factors to determine where on the sentencing spectrum a particular case belongs. This individualized approach occurs within the constraints of the mandatory minimum sentencing requirements.

Imprisonment and Probation Orders

Sexual interference convictions always result in periods of imprisonment. If an offender is sentenced to two years or less in jail,  they will also typically be placed on probation for one to three years following their jail term with specific conditions designed to protect the public and facilitate rehabilitation. Common probation conditions include a no contact order with the victim, no contact with persons under 16, prohibition from public parks and schools, internet and computer restrictions, mandatory counseling or treatment, regular reporting to probation officers, and residence restrictions.

These conditions are carefully crafted to address the specific risk factors identified in each case, with the dual goals of community protection and offender rehabilitation. The length and terms of probation vary based on the specific circumstances of each case and the assessed risk level.

Orders of Prohibition

Courts must impose prohibition orders under section 161 of the Criminal Code for sexual interference convictions. These orders restrict the offender’s activities and contact with children. Mandatory prohibitions include attending public parks where children are present, attending daycare centers, schools, or playgrounds, seeking employment involving children, using the internet to communicate with children, and volunteering in positions of trust with children.

These orders can be imposed for specified periods or indefinitely, depending on the circumstances of the case and the court’s assessment of ongoing risk. Violation of these orders constitutes a separate criminal offence with additional penalties.

 

Aggravating and Mitigating Factors

Sentencing for sexual interference involves careful consideration of factors that either increase or decrease the moral culpability of the offence. Understanding these factors helps predict potential sentences and develop mitigation strategies.

Relationship of Dependency or Trust

The relationship between the accused and complainant significantly impacts sentencing. Courts view breaches of trust as particularly serious, often resulting in enhanced penalties. Trust relationship considerations include parent-child relationships, teacher-student dynamics, coach-athlete relationships, babysitter-child situations, and family friend or relative positions.

When sentencing, courts typically impose more severe penalties in cases where the accused held a position of trust over the complainant. This reflects the additional harm caused by the betrayal of trust and the exploitation of the power imbalance inherent in such relationships.

Use of Violence or Assault

The presence of violence, threats, or coercion substantially increases the severity of sentences. Courts treat these aggravating factors as indicators of increased danger to the community. Violence-related aggravating factors include physical force or restraint, threats of harm, use of weapons or objects, causing physical injury, and psychological intimidation.

Cases involving violence typically result in sentences at the higher end of the available range, reflecting the compounded harm caused by both the sexual interference and the violent conduct. Courts are particularly concerned with cases that show a pattern of escalating violence or cruelty.

Position of Trust or Authority

Offences committed by persons in positions of trust or authority receive enhanced sentences reflecting the breach of societal expectations and vulnerability. Authority positions include educational professionals, religious leaders, healthcare providers, youth organization leaders, and sports coaches and instructors.

The abuse of these positions is considered particularly egregious because of the access they provide to vulnerable individuals and the betrayal of the community’s trust placed in these roles. Courts consistently emphasize the need for denunciation and deterrence in such cases.

 

Mitigating Factors in Sentencing

While sexual interference is always serious, courts recognize that certain factors may warrant consideration in determining appropriate sentences within the statutory framework.

Personal Circumstances

Individual circumstances of the accused may influence sentencing, though they rarely overcome the serious nature of the offence. Potential mitigating factors include a guilty plea (as opposed to proceeding to trial and requiring the victim to testify),  genuine remorse and acceptance of responsibility, lack of prior criminal history, mental health issues requiring treatment, cooperation with authorities, and steps taken toward rehabilitation.

These factors are considered within the constraints of mandatory minimum sentences, meaning they may affect where in the available range a sentence falls but cannot reduce the sentence below the statutory minimum. Courts balance these considerations against the serious nature of the offence and the principles of denunciation and deterrence.

Offence Characteristics

Specific characteristics of the offence itself may affect sentencing. Offence-related mitigating factors or considerations include brief duration of contact, absence of violence or threats, limited sexual nature of contact, spontaneous rather than planned behavior, and whether it was a single incident versus a pattern of behavior.

Courts may consider these factors when determining the appropriate sentence within the available range. However, the presence of mitigating factors related to the offence rarely results in a sentence at the absolute minimum end of the range, particularly for more serious forms of sexual interference.  Mandatory minimum jail terms are reserved for minor cases. For example,  a brief sexual  touching of a young person’s clothed buttocks would be considered to be at the low end of the scale and could attract the mandatory minimum sentence.

 

Long-Term Consequences Beyond Imprisonment

Sexual interference convictions carry consequences that extend far beyond the period of imprisonment, affecting virtually every aspect of an offender’s life.

Sex Offender Registry

Conviction results in mandatory registration on the National Sex Offender Registry. Registry requirements include annual reporting obligations, travel notification requirements, address change reporting, personal information updates, and long-term monitoring.

This registration can last for many years or even for life, depending on the specific circumstances of the case. The information in the registry is available to law enforcement agencies across Canada and can be used to monitor and investigate potential reoffending.

Employment and Professional Implications

Convictions create significant barriers to employment and professional activities. Career impact areas include prohibition from child-related employment, professional licencing restrictions, background check implications, volunteer opportunity limitations, and educational institution access.

These restrictions reflect the ongoing risk management approach taken by society toward those convicted of sexual offences against children. They can make reintegration challenging and have significant long-term economic impacts.

Social and Personal Consequences

The stigma associated with sexual interference convictions affects personal relationships and community integration. Personal impacts include family relationship strain, social isolation, housing restrictions, travel limitations, and mental health challenges.

These social consequences often continue long after formal legal penalties have been completed, creating ongoing challenges for those attempting to rebuild their lives after serving their sentences.

 

Dangerous Offender Designations

In the most serious cases, the Crown may seek dangerous offender designation, which can result in indefinite imprisonment. This designation requires proof of specific criteria and represents the most severe consequence possible.

This exceptional measure is reserved for cases where the court determines there is a high risk of harmful recidivism and that the risk cannot be adequately managed through a determinate sentence. The designation process involves specialized assessments and reports, along with a separate hearing to determine whether the designation is appropriate.  For example, an accused who has multiple prior sexual crime related convictions and poses an ongoing danger to society may face a  dangerous offender designation. 

 

Frequently Asked Questions

Are mandatory minimum sentences always imposed for sexual interference?

Yes, mandatory minimum sentences apply to all sexual interference convictions, although the specific minimum depends on whether the Crown elects to proceed summarily or by indictment. 

 

Can sexual interference sentences be served in the community?

Given the mandatory minimum imprisonment requirements, community sentences are not available for sexual interference convictions.

 

How long do prohibition orders last after sexual interference convictions? 

Prohibition orders can range from 10 years to life, depending on the specific circumstances and the offender’s criminal history.

 

Getting Legal Representation

At Kruse Law’s sexual assault defence practice, we understand the gravity of sexual interferance charges and work diligently to protect our clients’ rights while navigating the complex sentencing framework. If you’re in this situation, it’s essential to understand the minimum sentences for sexual assault in Canada and related offences. 

Kruse Law provides sexual interference defence services with offices in London, Windsor, Toronto, and Kitchener. Contact us to discuss your case and learn how we can help protect your rights and future.