Sexual Assault and Related Offences

Sexual Assault

Sexual assault is an offence under Section 273(1) of the Criminal Code of Canada that involves any non-consensual sexual activity.

The following elements must be present for behaviour to be considered sexual assault:

The offender touches another person in a sexual way without that person’s consent.
The offender threatens or uses force or intimidation to make the other person submit to the sexual activity.
The other person is incapable of consenting to the sexual activity due to their age, mental state, or level of intoxication.

Convictions for sexual offences carry a powerful stigma in modern society and can not only result in jail time, but requirements to register on a Sexual Offender Registry. If you or someone you care about has been charged with a sexual offence, you need an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.

Sexual Interference and Sexual Exploitation

Sexual interference is defined as any sexual activity between an adult and a minor under the age of 16.

Under Section 151 of the Criminal Code of Canada, the following elements are usually present for behaviour to be considered sexual interference:

The offender engages in any sexual activity with a minor under the age of 16.
The offender is more than five years older than the minor, or the offender is in a position of trust or authority over the minor.

Examples of sexual interference include sexual touching, sexual intercourse, and any other sexual activity between an adult and a minor.

Sexual Exploitation involves any sexual activity or relationship between an adult and a minor under the age of 18, where the adult is in a position of trust, authority or influence over the minor.

Under the Criminal Code of Canada, the following elements are usually present for behaviour to be considered sexual exploitation:

The offender is in a position of trust, authority, or influence over the minor, such as a teacher, coach, or caregiver.
The offender engages in any sexual activity or relationship with the minor.

Examples of sexual exploitation include sexual relationships between a teacher and a student, a coach and an athlete, or a caregiver and a child.

Invitation to Sexual Touching

Invitation to Sexual touching involves any attempt to entice or persuade a child under the age of 16 to engage in sexual activity.

Under Section 152 of the Criminal Code of Canada, the following elements are usually present for behaviour to be considered invitation to sexual touching:

The offender invites, counsels, or incites a child under the age of 16 to engage in sexual activity.
The offender does not have a legitimate reason for the invitation, and there is no relationship of trust, authority, or influence between the offender and the child.

Examples of invitation to sexual touching include enticing a child to engage in sexual activity through grooming, explicit language, or inappropriate physical contact.

Voyeurism

Voyeurism is an offence under Section 162(1) of the Criminal Code of Canada that involves the act of secretly observing or recording someone in a private setting, such as their home or a public restroom, without their consent, for the purpose of obtaining sexual gratification.

Under the Criminal Code of Canada, the following elements are usually present for behaviour to be considered voyeurism:

The offender secretly observes, records, or captures an image of a person in a private setting, where they have a reasonable expectation of privacy.
The offender does not have the person’s consent to observe or record them.
The offender’s purpose for observing or recording the person is to obtain sexual gratification.

Examples of voyeurism include peeping tom activities, such as looking through a window or making a hole in a bathroom stall to observe someone.

Distribution of an Intimate Image without Consent

The distribution of an intimate image without consent is an offence under Section 162.1(1) of the Criminal Code of Canada that involves sharing or distributing an intimate image of an individual without their consent. It is commonly known as “revenge porn”.

Under the Criminal Code of Canada, the following elements must be present for behaviour to be considered distribution of an intimate image without consent:

The offender knowingly distributes, publishes, or sells an intimate image of an individual.
The individual in the image did not give their consent to the distribution of the image.
The offender did not have a legitimate reason for the distribution of the image, such as for journalistic or artistic purposes.

An intimate image is defined as any visual image, including a photograph, film, or video recording, in which the individual is nude or engaged in explicit sexual activity and has a reasonable expectation of privacy.

Examples of distribution of an intimate image without consent include sharing intimate images on social media, sending them to others via email or text message, or posting them online without the individual’s consent.

Practice Areas

Assault / Threats
Assault, Domestic Assault, Utter Threats, Harassment, Assault with a Weapon, Assault Causing Bodily Harm, Aggravated Assault, Weapon Offences