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What is Sexual Interference Under Canadian Law?

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Intro

Sexual interference and sexual assault are distinct but equally serious offences under Canadian law. While both involve sexual conduct, sexual interference specifically targets any sexual activity involving minors under 16 — even if they appeared to consent. This article breaks down the legal definitions, penalties, and defence strategies, helping you understand your rights and the importance of early legal intervention.

Key Takeaways

  • Sexual interference involves any sexual contact with a person under 16 , even if they appeared to consent.
  • It is a separate offence from sexual assault, which can apply to victims of any age and focuses on the issue of consent.
  • Penalties for sexual interference include up to 14 years in prison and mandatory sex offender registration.
  • Consent exceptions exist only for close-in-age relationships that are not exploitative or abusive.
  • Mistaken belief about age is a valid but complex defence — the accused must prove they took reasonable steps to confirm the minor’s age.
  • Convictions carry long-term consequences, including restrictions under Section 161 and annual reporting to national sex offender registries.
  • Early legal help is essential to protect rights, avoid self-incrimination, and build a strong defence.
  • Mass Tsang LLP has extensive experience defending sexual offence cases and offers free consultations in the Greater Toronto Area.

Facing sexual interference charges in Canada can lead to severe penalties, including imprisonment and long-term registration as a sex offender. Understanding the legal framework, available defences, and how sexual interference differs from other sexual offences — such as sexual assault — is essential.

Canada’s Criminal Code treats sexual interference and sexual assault as serious criminal offences. According to Statistics Canada, Ontario courts addressed 4,374 sexual assault cases and 5,486 other sexual offences in 2019–2020. While sexual assault is addressed under "Offences Against the Person or Reputation", sexual interference appears in a different section: Sexual Offences, Public Morals and Disorderly Conduct.

Sexual interference refers to any intentional sexual contact with a person under the age of 16, regardless of whether the minor appeared to consent. It is codified in Section 151 of the Criminal Code of Canada.

Key Penalties:

Jeff Mass , Managing Partner at Mass Tsang LLP:
"Many of our clients are surprised that perceived consent is not a valid defence in most cases of sexual interference. The law is very clear when it comes to age."

What Is the Difference Between Sexual Interference and Sexual Assault?

While both offences are sexual in nature, they differ in scope and legal application:

Offence Legal Focus Victim Age Section Max Penalty
Sexual Assault Non-consensual sexual activity (any age) Any age Section 271-273 Up to life imprisonment
Sexual Interference Any sexual contact with a person under 16 Under 16 only Section 151 Up to 14 years

In essence, sexual interference is age-specific , whereas sexual assault applies more broadly and focuses on the presence or absence of consent.

Criminal defence lawyer consulting a client facing sexual interference charges in Toronto.

Age-Based Exceptions to Sexual Interference

Despite the strict age threshold, Canada’s Criminal Code allows limited consent exceptions based on close-in-age relationships. These only apply if no position of trust, authority, or exploitation exists.

For minors aged 12 or 13:

  • The accused must be less than 2 years older
  • No relationship of authority , dependency , or exploitation

For minors aged 14 or 15:

  • The accused must be less than 5 years older
  • The same conditions apply.
  • Consent may be valid if the accused is the common-law partner or spouse of the victim.

Defence Based on Mistaken Belief About Age

A defendant may argue that they believed the minor was over 16 years old. However, this defence requires proving:

  • The belief was honest , and
  • The defendant took all reasonable steps to verify the age

Courts may evaluate:

  • How well the accused knew the minor
  • Minor's appearance and behaviour
  • Friend group and setting
  • Prior conversations about age

If a defence wishes to raise the minor's sexual history, they must submit a Section 276 application , and the judge must approve it.

Justice scales beside the Canadian Criminal Code, highlighting Section 151 on sexual interference.
Robbie Tsang , Criminal Defence Lawyer
"Mistaken belief in age is one of the most difficult defences to win. Courts expect you to ask the right questions, not make assumptions."

Additional Penalties Beyond Prison

A conviction brings additional lifelong consequences:

Mandatory Sex Offender Registration

  • 10+ years in NSOR and OSOR
  • Must provide: address, employment, physical description, travel plans
  • Annual updates required
  • Penalties for non-compliance: up to $25,000 fine or 2 years in prison

Section 161 Order Restrictions May Include:

  • Bans from schools, parks, and areas with minors
  • No volunteering or working with people under 16
  • No internet use without restrictions
  • Physical distance restrictions from victims

Case Example: Dismissed Charge Due to Charter Breach

In one recent case, our lawyers successfully argued that evidence against a client accused of sexual interference was obtained in violation of their Charter rights. The court excluded the evidence, and the charge was dismissed before trial.

If you’ve been charged with sexual interference, consult a lawyer before answering police questions. Early intervention allows:

  • Protection of your rights
  • Preservation of defence strategies
  • Possibility of avoiding charges altogether

Consult with Toronto’s Mass Tsang for Your Defence

Because the penalties for sexual interference are so severe, it’s critical to retain experienced legal counsel. The criminal defence team at Mass Tsang LLP has successfully defended hundreds of clients against sexual-related charges in the GTA.

Contact us today for a free, confidential consultation and protect your future.



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