CALGARY SEXUAL OFFENCES LAWYER
Sexual offences are incredibly complex and encompass many different charges under the Criminal Code. They are some of the most difficult offences to defend and require a lawyer with significant experience to help you navigate the criminal justice system.
Sexual assault is an unwanted touching of a sexual nature. It is an act in which a person sexually touches another person without their consent. The offence requires that there was an assault and it was of a sexual nature or purpose. The assault element requires intentional touching. The sexual nature or purpose element is defined by the act and the surrounding circumstances. Circumstances include the part of the body touched, nature of the contact, the situation in which it occurred and words spoken or gestures made.
Sexual interference involves a person who for a sexual purpose, touches, directly or indirectly, a person under the age of 16. The offence requires proof that the touching was for a sexual purpose which is defined in the circumstances of the situation including the part of the body touched, nature of the contact, the situation in which it occurred and words spoken or gestures made.
Invitation to Sexual Touching
Invitation to sexual touching involves a person who persuades a person under the age of 16 to touch directly or indirectly the body of any person, including themselves, for a sexual purpose. Unlike sexual assault which requires an actual assault, this is a crime of communication.
The age of consent in Canada is 16. However, if a person is under the age of 18, it is an offence to engage in sexual activity if:
- the person is in a position of trust or authority
- the person is in a position of dependency
- the relationship is exploitive
Often, these charges stem from inappropriate sexual relationships involving caregivers, teachers and coaches on those under the age of 18.
Child pornography is broadly defined but includes video or photographic representations of a person under 18 engaged in sexual activity. It is an offence to make, distribute, possess or access such representations.
Sex Offenders Registry (SOIRA)
If you are convicted of certain sexual offences, you may be ordered to be added to the Sex Offender Registry. You will be required to provide a significant amount of information to the police once a year for a specified period of time.
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