Sexual interference means touching any part of the body of a person under 16, directly or indirectly, with a part of your body or an object, for a sexual purpose. In most cases, consent is not a defence, so the case turns on whether the Crown can prove the touching happened and was sexual in purpose.
A conviction carries mandatory jail and orders that can follow you for life. But charges are withdrawn, and trials are won, when the defence tests every statement the Crown relies on.
KEY TAKEAWAYS
- Consent is not a defence unless the young person was 12 or older and you fall within a narrow close-in-age exception.
- Believing the young person was 16 or older is a defence only if you took all reasonable steps to check their age.
- A conviction means jail. The Criminal Code sets a minimum of 90 days, and a conditional sentence served in the community is not available.
- Release conditions often ban contact with anyone under 16, which can include your own children, until a court changes them.
- A young complainant’s recorded police interview can be used as evidence at trial, so every earlier statement is open to testing.
ABOUT CALGARY CRIMINAL DEFENCE LAWYER CORY WILSON
Cory Wilson has spent more than 16 years defending people charged with sexual interference and other criminal offences in Calgary. He has appeared at every level of court in Alberta. Cory earned his J.D. from the University of Calgary Faculty of Law, articled at Bennett Jones LLP, and trained under Willie deWit Q.C., now a judge of the Alberta Court of Appeal, and the late Hersh Wolch Q.C.
He is a member of the Law Society of Alberta, the Canadian Bar Association, and the Legal Education Society of Alberta. Cory holds a 4.9 rating across more than 130 Google reviews, is rated among Calgary’s top criminal defence lawyers by Three Best Rated and Calgary’s Best Rated, and has had his cases featured in the Calgary Herald.
On sexual interference files, his record includes a client charged with sexual interference and invitation to sexual touching after meeting a 15-year-old on a dating site. She had told him she was 18 and had just graduated high school. Cory dug into her messages and online activity and found she had repeatedly lied about her age. Faced with that evidence and problems in its own disclosure, the Crown agreed there was no likelihood of conviction and withdrew the charges.
Sexual interference cases come down to the evidence behind the allegation, and the Crown’s willingness to withdraw a charge is shaped by what the defence finds in the messages, statements and records. Cory reviews every piece of disclosure for weaknesses and puts them in front of the Crown while it can still make a difference.
Sexual interference allegations arise in a few ways: during a separation or custody dispute, within a family, from a teenage relationship with an age gap, through a coach or teacher, or years after the events. Each one leaves a record of disclosures, statements, and messages where the account can change. Cory finds those gaps and puts them before the Crown, a judge, or a jury.
If you have been accused of sexual interference or police have asked you to come in for a statement, speak to a lawyer before you say anything. Call 403-978-6052, 24 hours a day, for a free consultation.
WHAT IS SEXUAL INTERFERENCE?
Sexual interference is touching a person under 16 for a sexual purpose. Touching can be direct or through clothing, and can involve any part of the body or an object. It does not require force, injury, or skin-to-skin contact.
HOW DOES SEXUAL INTERFERENCE DIFFER FROM SEXUAL ASSAULT?
While similar to sexual assault, this offence applies only when the complainant is under 16. Sexual assault requires touching of a ‘sexual nature’, judged by how a reasonable person would see it. Sexual interference goes further and requires touching for a ‘sexual purpose’, which means the Crown must prove what was in your mind when the touching happened.
WHAT MUST THE CROWN PROVE?
The Crown must prove each of these elements beyond a reasonable doubt:
|
ELEMENT |
WHAT IT MEANS |
|---|---|
| Touching | Any touching of any part of the young person’s body, directly or through clothing, with a body part or an object. |
| Sexual purpose | The touching was done for a sexual reason. Accidental contact, or touching for care or medical reasons, does not count. |
| Age under 16 | The young person was under 16 at the time, so the Crown must prove both the date and the young person’s age. |
| Identity | You were the person who did it. |
If even one of these elements is missing, the charge fails.
“The fact that an allegation has been made does not relieve the Crown of its obligation to prove every essential element of the offence beyond a reasonable doubt.”
Cory Wilson, Criminal Defence Lawyer
WHEN CAN CONSENT BE A DEFENCE?
In most cases, it cannot. The Criminal Code allows two narrow close-in-age exceptions. Both are lost if you were in a position of trust or authority over the young person, they depended on you, or the relationship was exploitative.
|
AGE OF YOUNG PERSON |
CONSENT CAN BE A DEFENCE ONLY IF YOU WERE |
|---|---|
| Under 12 | Never a defence |
| 12 or 13 | Less than 2 years older |
| 14 or 15 | Less than 5 years older |
Believing the young person was older is a defence only if you took all reasonable steps to find out their real age. Being told they were 16 is not enough on its own.
WHAT ARE THE PENALTIES FOR SEXUAL INTERFERENCE?
The Crown chooses whether to proceed by indictment (more serious cases) or summary conviction (less serious cases).
|
CONSEQUENCE |
WHAT THE LAW SAYS |
|---|---|
| Indictable | Minimum 1 year, maximum 14 years in prison |
| Summary | Minimum 90 days, maximum 2 years less a day in jail |
| Conditional sentence | Not available |
| Sex offender registry | Required after an indictable sentence of 2 years or more, and ordered in most other cases |
| DNA sample | Ordered on conviction |
| Prohibition order | Possible bans, up to life, from parks, pools, and schools, from jobs involving children, from contact with anyone under 18, and from internet use |
Since the Supreme Court of Canada’s decision in R v Friesen, sentences for these offences have risen. A conviction can also end a career, make U.S. travel very difficult, and affect parenting time. This is why the focus from day one is on avoiding a conviction.
WHAT SHOULD YOU DO RIGHT AFTER BEING CHARGED?
Cory recommends these steps:
- Do not contact the young person or their family, even to explain. Any contact can breach your release conditions and lead to new charges.
- Do not explain your side to police, friends or relatives. Statements, texts, emails, and social media posts can all become evidence against you.
- Write down dates, places and who was present. Keep these notes for your lawyer only.
- Call a defence lawyer before any police interview. You have the right to stay silent.
These steps protect you and give your lawyer more to work with.
“People accused of sexual interference in Calgary often underestimate how serious the allegation is and assume that if they believe the allegation is untrue, the case will simply be dismissed. They also try to explain their version of events to police or the complainant, without understanding that statements, texts, or posts can become evidence against them.”
Cory Wilson, Criminal Defence Lawyer
WHAT HAPPENS AFTER A CHARGE IN CALGARY?
Many Calgary investigations begin with a video-recorded interview of the young person at the Calgary & Area Child Advocacy Centre, which can later be used at trial.
The following table explains the stages from there:
|
STAGE |
WHAT TO EXPECT |
|---|---|
| Arrest | Usually the Arrest Processing Section at the Spyhill Services Centre in northwest Calgary. |
| Release | Police release you on an undertaking or hold you for a bail hearing within 24 hours. Conditions often ban contact with anyone under 16. |
| Fingerprints and photos | Usually at the Calgary Police Service Westwinds Campus, 5111 47 Street NE. |
| First appearance | Alberta Court of Justice, Calgary Courts Centre, 601 5 Street SW. If you hire Cory first, he appears for you. |
| Disclosure | Cory orders all the evidence and reviews it with you. |
| Crown meeting | Cory pushes for a withdrawal, a lesser charge, or diversion where available. If none is offered, the case goes to trial. |
These cases often take many months to well over a year in Calgary courts. Under Alberta’s Decision to Prosecute guideline, the Crown continues only if there is a reasonable likelihood of conviction and the case is in the public interest.
Before it discusses any resolution, the Crown wants to see that you have complied with all conditions and stayed away from the complainant and witnesses. Counselling can help in the right case, but speak with Cory first, because some steps can be treated as admissions.
HOW DOES CORY WILSON BUILD YOUR DEFENCE?
Cory focuses on three questions:
- Can the Crown prove every element? Timing, opportunity, identity, and age can each decide the case.
- Has the account changed? He looks for inconsistencies, omissions, and details that shift over time.
- What does the independent evidence show? Messages, photos, phone records, witness accounts, and proof of where people were and when.
He takes the weaknesses to the Crown to push for a withdrawal, or uses them at trial.
“I compare the complainant’s various accounts, including the initial disclosure, statements to parents or other adults, police interviews and text messages, to determine whether the allegation has remained consistent.”
Cory Wilson, Criminal Defence Lawyer
WHAT DEFENCES CAN BE RAISED?
Common defences Cory raises include:
- The touching did not happen. Inconsistent accounts, no opportunity, or independent evidence can raise a reasonable doubt.
- The touching was not for a sexual purpose. For example, accidental contact or care such as bathing or helping a child dress.
- The Crown cannot prove age or timing. If the Crown cannot show the young person was under 16 at the time, the charge fails.
- Mistaken belief in age. Available only if you took all reasonable steps to confirm the young person’s age.
- Your Charter rights were breached. Unlawful phone searches, or statements taken after police denied you a lawyer, can be excluded.
The right defence depends on the evidence in your case.
SUCCESSFUL RESULT: CHARGES WITHDRAWN MID-TRIAL AFTER COMPLAINANT’S ACCOUNTS FELL APART
Cory’s client was charged with sexual interference and sexual assault. Because the charges were so serious, the Crown refused any favourable resolution. The client pleaded not guilty, and the case went to trial.
As Cory explains:
“At trial, I cross-examined the complainant and was able to show significant inconsistencies and contradictions across three different statements she had given to police, as well as her evidence at trial. As a result, the Crown prosecutor reassessed their case mid-trial and withdrew the charges against my client.”
The client left with no criminal record, and all of his release conditions ended immediately.
If the Crown will not agree to a fair outcome, Cory prepares your case for trial and tells you honestly where you stand.
See more recent cases Cory Wilson has successfully defended.
TESTIMONIALS
Here’s what clients have said about Cory.
Highly recommend his services
“Cory handled the case in a professional manner, with high efficiency and real compassion. I am very grateful and would highly recommend his services.”
— H.C.
Sharp, determined, efficient, and honest
“His self-assurance, very friendly but firm and professional approach would accompany me until the issue was resolved positively for me. He was incredible proactive, he would represent me at court many times, ask for order variations, etc and fight for me like if he knew me from my whole life. He is sharp, determined, efficient, and honest.”
— R.B.
Made one of the hardest things I’ve ever gone through very easy
“Cory was very professional and stayed in touch as well as answered any and all questions I had, he made one of the hardest things I’ve ever gone through very easy and I thank him for all his hard work.”
— R.G.
Read more client reviews. Remember that past results do not guarantee future outcomes.
RELATED OFFENCES
Charges often laid with, or instead of, sexual interference:
- Sexual assault: often charged alongside sexual interference for the same incident.
- Invitation to sexual touching: asking or encouraging a person under 16 to touch someone for a sexual purpose.
- Sexual exploitation: sexual touching of a 16- or 17-year-old by someone in a position of trust or authority.
- Child luring: online communication with a young person to set up a sexual offence.
- Child pornography: often added after police search phones or computers.
- Failing to comply with a release order: breaking a no-contact condition. See also breach of probation.
Cory defends each of these charges.
FAQS
CAN THE YOUNG PERSON’S PARENTS DROP THE CHARGE?
No. Once police lay a charge, only the Crown can withdraw it. The Crown hears the family’s wishes, but it can continue without their support.
WILL THE CHILD HAVE TO TESTIFY?
Usually, yes, often from another room by closed-circuit TV or behind a screen. Their recorded police interview can be used as evidence, but your lawyer can still cross-examine them.
CAN I SEE MY OWN CHILDREN WHILE THE CASE IS ONGOING?
Only if your conditions allow it. A ban on contact with anyone under 16 can include your own children. Cory can ask to change the conditions, for example, to allow supervised visits.
WHAT IF THE PERSON CHARGED IS A TEENAGER?
Anyone who was 12 to 17 at the time of the offence is prosecuted under the Youth Criminal Justice Act, which applies different sentencing and record rules. A 12- or 13-year-old cannot be tried for this offence unless they held a position of trust or authority, or the relationship involved dependency or exploitation. Learn more about youth offences.
IS INTOXICATION A DEFENCE?
Rarely. Being drunk or high does not excuse sexual touching. Intoxication can only help if it was so severe that you could not form a sexual purpose at all, and the Criminal Code limits even extreme intoxication as a defence. Discuss the facts with Cory before relying on it.
CONTACT US FOR A FREE, NO-OBLIGATION CONSULTATION
Every person charged with a criminal offence deserves skilled representation, regardless of their economic background.
During your free consultation, we will discuss the charge, possible outcomes, defences, and legal fees, and explain every step ahead. Flexible payment plans are available. Call 403-978-6052, 24 hours a day.
LEGAL REFERENCES
- Consent no defence and mistake of age, Criminal Code, RSC 1985, c C-46, s 150.1
- Sexual interference, Criminal Code, RSC 1985, c C-46, s 151
- Order of prohibition, Criminal Code, RSC 1985, c C-46, s 161
- Testimony outside the courtroom, Criminal Code, RSC 1985, c C-46, s 486.2
- DNA order for primary designated offences, Criminal Code, RSC 1985, c C-46, s 487.051
- Order to comply with the Sex Offender Information Registration Act, Criminal Code, RSC 1985, c C-46, s 490.012
- Video-recorded evidence of a victim or witness under 18, Criminal Code, RSC 1985, c C-46, s 715.1
- Conditional sentence of imprisonment, Criminal Code, RSC 1985, c C-46, s 742.1
- Youth Criminal Justice Act, SC 2002, c 1
- Legal rights on search, detention and arrest, Canadian Charter of Rights and Freedoms, ss 8, 9, 10 and 24
- Sentencing for sexual offences against children, R v Friesen, 2020 SCC 9
- Decision to Prosecute, Alberta Crown Prosecution Service Guideline, 2022
- Self-induced extreme intoxication, Criminal Code, RSC 1985, c C-46, s 33.1
