Defending against charges of sexual interference

Defending against charges of sexual interference

In Canada, the charges of sexual interference are serious and can have a major impact on your life. You must take the time to learn more about these charges and how to defend yourself against them.

Sexual interference is touching a person under the age of 16 for sexual purposes while you are in a position of trust or authority over them. This includes teachers, doctors, babysitters, counsellors, clergy members, and coaches.

If you are facing charges of sexual interference, you must seek legal advice from a criminal attorney in Toronto as soon as possible.

Meaning of Sexual Interference Sexual interference is touching someone under 16 for a sexual purpose without their consent. This includes any situation where the person is forced to be naked, sexually touched, or shown explicit material. Sexual interference involves any unwanted physical contact of a sexual nature, including unwanted kissing, touching, grabbing, and forcing someone to touch you.

The law does not state any minimum age for the victim, so in theory, it could apply to children as young as six months old. The law also does not require that the accused be aware that the person was under 16 years old.

Possible Punishment for Sexual Interference

Penalties for sexual interference vary in Canada. According to the Criminal Code, if the victim is under 16 years of age and the accused is 18 or older, it is an indictable offence with a maximum sentence of 10 years. If the victim is 16 or 17 and the accused is 18 or older, it’s an indictable offence with a maximum sentence of five years. If the victim was 14 or 15 and the accused was 18 or older, it’s an indictable offence with a maximum sentence of 2 years less a day.

The penalties for sexual interference in Toronto also differ depending on who you are and your age. For example, if you’re over 18 and sexually interfere with someone under 16, you could be sentenced to prison for up to 14 years. If you’re under 18, it’s a sentence of up to 2.5 years in jail.

Defending Sexual Interference Charges Sexual interference is a crime that is not taken lightly in Canada. When these charges arise, it can be difficult to know what to do or how to defend yourself against them. The following are some ways that you can defend yourself against charges of sexual interference:

Ask for a lawyer The first step to protecting yourself against sexual interference or assault is to ask for a lawyer. You can have an attorney present during any proceedings related to these charges. You are also allowed to attend your trial in the courtroom if you believe that is your best option. A good attorney can help you understand which legal options are available and can help you decide which option is best.

Ask For A Trial By Jury If you cannot afford a lawyer or cannot have an attorney present during your sexual interference or assault trial, ask to have the case tried by jury. A jury comprises people who are not required to be judges but who decide the truth of what happened in a case. You can also ask the judge to dismiss the case against you if there are any less serious charges or if you feel your rights were violated.

Mistaken Belief in Age/ Consent You could plead not guilty if you were unaware of your actions or did not know the victim’s age at the contact time. This can be done by raising a defence of mistaken belief in consent or mistaken belief in age. The former requires that there was a false belief in consent, and the latter requires that there was a mistaken belief in age.

You Did Not Intend To Cause Harm You can argue that your actions were not intended to cause harm, were reasonable and within your right as a user, or you had a reasonable misunderstanding of what they were doing. These can be done by including evidence to support this claim, such as witness testimony, texts exchanged with the victim, or showing that you had a reasonable misunderstanding of their actions.

You Did Not Have Sexual Contact With The Victim One of the most common defences against charges of sexual interference is that you did not have sexual contact with the victim. This defence is often used when a person has been accused of touching someone inappropriately, such as by groping or grabbing them. The defence can be successful if it can be shown that there was no physical contact between the defendant and the victim or that any contact was consensual.

Canada law is tough on sexual interference charges. So if you or a family member faces sexual interference allegations, you want to retain an experienced criminal attorney to defend your charges and assist you in avoiding lengthy prison terms and hefty fines.

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