The criminal justice system can be daunting, but you don’t need to go through it alone. Our Criminal lawyers are here to guide you every step of the way.
Contact Our Firm
Sexual interference and sexual assault are separate offences under the Criminal Code of Canada that share common features but carry distinct legal elements, available defences, and sentencing consequences. Understanding the precise difference between them is essential for anyone facing either charge in Ontario. NR Lawyers explains both offences clearly and brings the specific defence experience these cases require.
Sexual assault is defined under Sections 271 to 273 of the Criminal Code. It is an assault committed in circumstances of a sexual nature that violates the sexual integrity of the complainant. The offence applies to complainants of any age and covers the full range of non-consensual physical contact of a sexual nature. Physical injury, penetration, and conventional violence are not required. See the firm’s sexual assault defence overview for a detailed explanation of the three tiers of the offence.
Sexual interference is defined under Section 151 of the Criminal Code and applies specifically to sexual contact with a person under the age of 16. The offence is made out when an accused, for a sexual purpose, directly or indirectly touches a body part of a person under 16, or invites, counsels, or incites a young person to touch the body of the accused or of any other person.
The defining distinction from sexual assault is the specific age component. Consent is generally not a defence to sexual interference where the complainant is under 16. The absence of a consent defence fundamentally changes the landscape of available defences.
The Criminal Code provides close-in-age exceptions that allow for sexual activity between young persons who are close in age, even where one party is under 16. Where the complainant is between 12 and 16, an exception applies if the accused is less than five years older and the relationship is not one of trust, authority, or dependency. Where the complainant is between 14 and 16, an exception applies where the accused is less than two years older.
These exceptions do not apply where the accused is in a position of trust or authority over the young person. Whether a close-in-age exception applies requires precise factual analysis and an experienced defence lawyer who understands how Ontario courts apply these provisions.
Sexual interference under Section 151 carries a mandatory minimum sentence of one year imprisonment on indictment and 90 days on summary conviction. The maximum sentence is 14 years on indictment. The mandatory minimum makes the consequences of a conviction severe.
Sexual assault under Section 271 carries a maximum of 10 years on indictment with no mandatory minimum in cases not involving a complainant under 16. Where the complainant is under 16, mandatory minimums also apply to the sexual assault charge. The escalating tiers carry maximums of 14 years and life imprisonment respectively.
It is common in Ontario for both sexual interference and sexual assault to be charged in the same information where the complainant is under 16. The Crown may also add charges of invitation to sexual touching, sexual exploitation, and child pornography offences depending on the conduct alleged. Each charge carries its own elements and potential penalties, and the defence must address every count within a coherent overall defence theory.
Because consent is generally not available as a defence where the complainant is under 16, the available defences focus on identity, whether the conduct occurred as alleged, the accused’s honest belief about the complainant’s age, and whether a close-in-age exception applies. NR Lawyers provides this analysis from the outset of every sexual offence case it handles.
A conviction for either sexual interference or sexual assault typically results in mandatory registration on the National Sex Offender Registry. For sexual interference, registration is mandatory for a minimum of ten years and potentially for life. See the firm’s record in recent successes for context on outcomes in sexual exploitation and interference matters.
Contact NR Lawyers for an immediate confidential consultation. Available across Ontario.
Yes, subject to limited exceptions. The close-in-age exception applies only where the accused is less than five years older and is not in a position of trust, authority, or dependency. Where the accused is more than five years older, consent is not a defence and a sexual interference charge can be laid regardless of the young person’s apparent agreement.
Sexual exploitation under Section 153 applies to sexual activity between an adult and a young person between 16 and 18 where the adult is in a position of trust or authority. Sexual interference under Section 151 applies to any sexual contact with a person under 16 regardless of the relationship. Sexual exploitation charges most commonly arise in contexts involving teachers, coaches, and employers.
There is significant overlap, but important differences. Cross-examination, constitutional applications, and third-party records applications are available in both types of cases. The honest belief in consent defence does not operate the same way in sexual interference cases. The close-in-age exception and the due diligence defence regarding the complainant’s age are specific to interference cases.
Yes. The same conditions that allow for withdrawal of sexual assault charges apply to sexual interference charges. A persuasive and evidence-based challenge to the Crown’s case creates conditions in which a pre-trial withdrawal is more achievable, though specific outcomes depend on the facts of each individual matter.
In addition to the custodial sentence, a conviction for sexual interference typically results in sex offender registration, DNA collection, prohibitions on being in the presence of young persons, and prohibitions on internet use in certain ways. NR Lawyers prepares carefully for sentencing hearings and advances all available mitigating factors on the client’s behalf.
Yes. NR Lawyers handles the full range of sexual offences under the Criminal Code. Many files involve multiple counts across these categories and require a defence that addresses each count individually within a coherent overall theory. See the firm’s record in sexual exploitation matters for context.
Contact NR Lawyers for immediate defence on sexual interference or sexual assault charges in Ontario. Confidential. Experienced. Available now.
