Invitation to sexual touching means asking, encouraging, or pushing a person under 16, for a sexual purpose, to touch their own body, your body, or someone else’s body, directly or indirectly, with a body part or an object.
Since a 2026 amendment, it also covers inviting a young person to expose their sexual organs. No touching has to happen. The words alone can complete the offence.
A conviction carries mandatory jail and orders that can last for life. But charges are withdrawn, and trials are won, when the defence tests what was actually said, the context it was said in, and whether the young person’s account holds up.
KEY TAKEAWAYS
- Consent is not a defence unless the young person was 12 or older, you fall within a narrow close-in-age exception, and you were not in a position of trust or authority.
- Believing the young person was 16 or older is a defence only if you took all reasonable steps to check their age. Their word alone is not enough.
- A conviction means at least 90 days in jail, and a 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.
- The full chat history can change the meaning of messages that police received only as screenshots or excerpts.
ABOUT CALGARY CRIMINAL DEFENCE LAWYER CORY WILSON
Cory Wilson has spent more than 16 years defending Calgarians charged with sexual crimes, such as invitation to sexual touching. He has appeared at every level of court in Alberta. He 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.
Cory is a member of the Law Society of Alberta, the Canadian Bar Association, and the Legal Education Society of Alberta. He 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.
His record includes a client charged with invitation to sexual touching and sexual interference after meeting a 15-year-old on a dating site. She had told him she was 18 and had just graduated from high school. Cory dug into her messages and online activity and found she had repeatedly lied about her age. Faced with that evidence, the Crown agreed there was no likelihood of conviction and withdrew the charges.
Cases like this come down to what was actually said and the context around it. Cory puts the gaps he finds in front of the Crown while the charge can still be withdrawn.
Invitation to sexual touching allegations arise from online chats and dating apps, separations, and custody disputes, families, coaches and teachers, or events years in the past. Each leaves a record of messages and statements where the account can change. Cory’s cases have resulted in charges being withdrawn, pleas to lesser offences with no jail time, and acquittals at trial.
If you have been accused of invitation to sexual touching 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 INVITATION TO SEXUAL TOUCHING AND WHAT DOES THE CROWN HAVE TO PROVE?
Invitation to sexual touching means asking, encouraging, or urging a person under 16 to engage in sexual touching or to expose themselves, in person, by text, on social media, or in an online game.
No touching has to happen, which is the main difference from sexual interference, which requires that you touched the young person yourself. The two charges are often laid together for the same allegation.
The Crown must prove each of these elements beyond a reasonable doubt:
|
ELEMENT |
WHAT IT MEANS |
|---|---|
| Invitation | You asked, encouraged, or urged the young person to touch a body or expose their sexual organs. Passively going along with something the young person started is not enough. |
| Sexual purpose | The request was made for a sexual reason, judged from the words used, any gestures, and all the surrounding circumstances. |
| 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 made the request, including on a phone or account others could use. |
If even one of these elements is missing, the charge fails.
“A prosecution ultimately depends on evidence, not simply an allegation. If the evidence leaves a reasonable doubt about an essential element of the offence, the Crown prosecutor may not be able to obtain a conviction.”
Cory Wilson, Criminal Defence Lawyer
WHEN CAN CONSENT OR A MISTAKE ABOUT AGE BE A DEFENCE?
In most cases, consent is not a defence. 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 16 or older is a defence only if you took all reasonable steps to find out their real age. A dating profile or a message saying they were 18 is not enough on its own. Courts look at their appearance, their friends, where you met, and how well you knew them.
WHAT ARE THE PENALTIES FOR INVITATION TO SEXUAL TOUCHING?
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 | Up to life bans from parks, pools, and schools, from jobs involving children, from contact with anyone under 16, and from internet use |
Since the Supreme Court of Canada’s decision in R v Friesen, sentences for sexual offences against children have risen.
A conviction also shows up on vulnerable sector checks, can end a career, and makes U.S. travel very difficult. Because the maximum is 14 years’ imprisonment, permanent residents and foreign nationals can lose their status and face removal. Cory makes sure clients weigh all of this before deciding whether to resolve or go to trial.
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 delete messages, apps, or accounts. Deleting data can look like hiding evidence, and the full conversation may help your defence.
- Do not explain your side to anyone. Statements, texts and posts can become evidence against you.
- 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.
“One of the biggest mistakes people accused of invitation to sexual touching in Calgary make is assuming that the allegation automatically means they will be convicted or sentenced to jail.”
Cory Wilson, Criminal Defence Lawyer
WHAT HAPPENS AFTER A CHARGE IN CALGARY?
Many Calgary investigations begin with a recorded interview of the young person at the Calgary & Area Child Advocacy Centre, which can later be used at trial.
|
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 in more serious cases. Conditions often ban contact with the complainant and 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. Once you hire Cory, he attends court dates for you while the case is in its early stages. |
| Disclosure | Cory orders all the evidence, including statements, medical records, messages, posts, and emails. This takes several weeks to several months. |
| Trial | If the case does not resolve, it often takes 18 months to 2 years from arrest to the first day of trial in Calgary. |
HOW DOES THE CALGARY CROWN DECIDE WHAT TO DO?
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.
Possible outcomes include:
- A full withdrawal of the charge.
- A guilty plea to a lesser or different offence.
- A guilty plea to the charge with an agreed or contested sentence.
Early advice shows which outcome is realistic for you.
HOW DOES CORY WILSON BUILD YOUR DEFENCE?
Cory looks at three things in the evidence:
- Can the Crown prove every element? What exactly was asked, in what setting, and how old was the young person?
- What do the communications show? Texts, social media, recordings, photos, and witness statements can give context that is very different from the allegation on its own.
- Is the evidence reliable? He checks for changing statements, incomplete or altered digital records, and Charter breaches.
“Digital communications can be particularly important, because the complete conversation may provide context that is different from the isolated messages or excerpts usually provided to police.”
Cory Wilson, Criminal Defence Lawyer
Cory advises a trial when there is a real defence or the deal on offer is out of proportion to the Crown’s case. When the evidence is strong, he tells you plainly if a negotiated outcome can reduce the consequences. The choice is always yours.
WHAT DEFENCES CAN BE RAISED?
Common defences Cory raises include:
- The request was never made. Inconsistent accounts, no opportunity, or independent evidence can raise a reasonable doubt.
- The words were not an invitation, or not sexual. Messages taken out of context, jokes, or unclear wording may not meet the legal test.
- You did not start it. Going along with something the young person pushed for may not be inviting, counselling or inciting.
- 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 without a lawyer can be excluded.
The right defence depends on the evidence in your case.
SUCCESSFUL RESULT: NOT GUILTY AFTER COMPLAINANT’S ACCOUNT FELL APART AT TRIAL
Cory’s client was charged with several sexual offences, including invitation to sexual touching, after his very young daughter alleged years of abuse.
The allegations came out while she lived with her mother, during a bitter divorce and custody battle. The client denied everything, and the case went to trial.
As Cory explains:
“At trial, it became evident that the complainant was unable to maintain her version of events through cross-examination. After extensive cross-examination on the many inconsistencies and contradictions between what she told police before trial and her evidence at trial, it was shown that she was neither credible nor reliable.”
The judge found the client not guilty, leaving him with no criminal record.
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 sexual offence cases that Cory Wilson has successfully defended.
TESTIMONIALS
Here’s what clients have said about Cory.
The best decision I could have made
“I unfortunately put myself in a situation where I needed legal help. Like most people would, I panicked and started looking up lawyers. Cory had great reviews, so I reached out through his website. Within 20 minutes, Cory called me personally, went over my situation, and explained my options. I decided to hire him, and it was hands down the best decision I could have made.”
— S.B.
Best representation you could ask for
“Best representation you could ask for, outstanding lawyer, and team made everything very easy, no hassle and excellent results. Do yourself a favor and call Cory Wilson”
— D.M.
You want this man on your side
“Absolutely BRILLIANT! You want this man on your side.”
— T.R.
Read more client reviews. Remember that past results do not guarantee future outcomes.
RELATED OFFENCES
Charges often laid with, or instead of, invitation to sexual touching:
- Sexual interference: touching a person under 16 for a sexual purpose.
- Sexual assault: often charged alongside for the same incident.
- Child luring: online communication with a young person, or someone posing as one, to set up a sexual offence.
- Child pornography: often added after police search phones or computers.
- Sexual exploitation: sexual touching or invitation involving a 16- or 17-year-old by someone in a position of trust or authority.
- Failing to comply with a release order: breaking a no-contact condition. See also breach of probation.
Cory defends each of these charges and the full range of sex offences.
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.
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 the Crown or the court to change the conditions, for example, to allow supervised visits.
WHAT IF THE ‘YOUNG PERSON’ WAS AN UNDERCOVER OFFICER?
The full offence needs a real person under 16. Police sting operations, where an officer poses as a youth online, are usually charged as child luring instead.
WHAT IF THE PERSON CHARGED IS A TEENAGER?
Anyone aged 12 to 17 is prosecuted under the Youth Criminal Justice Act, with 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, the young person depended on them, or the relationship was exploitative. Learn more about youth offences.
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
- Invitation to sexual touching or exposure, Criminal Code, RSC 1985, c C-46, s 152
- Order of prohibition, Criminal Code, RSC 1985, c C-46, s 161
- Luring a child, Criminal Code, RSC 1985, c C-46, s 172.1
- 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
- Contents of an undertaking, Criminal Code, RSC 1985, c C-46, s 501
- 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
- Serious criminality, Immigration and Refugee Protection Act, SC 2001, c 27, s 36
- 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
