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.
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.
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."
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.
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.
A defendant may argue that they believed the minor was over 16 years old. However, this defence requires proving:
If a defence wishes to raise the minor's sexual history, they must submit a Section 276 application , and the judge must approve it.
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."
A conviction brings additional lifelong consequences:
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:
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.
Sexual interference is a criminal offence under section 151 of the Criminal Code. It is committed when a person, for a sexual purpose, directly or indirectly touches any part of the body of a person under the age of 16. Unlike sexual assault, the charge does not require proof that the complainant was non-consenting — the age of the complainant below 16 is itself the defining element of the offence.
Sexual assault under section 271 of the Criminal Code focuses on the absence of consent. Sexual interference under section 151 focuses on the age of the complainant. A person under 16 cannot legally consent to sexual activity with an adult for the purposes of the sexual interference provision. If the complainant is 16 or older, the charge would typically be sexual assault rather than sexual interference, since the legal framework then turns on the question of consent.
Sexual interference is a hybrid offence. On indictment, the maximum sentence is 14 years imprisonment, with a mandatory minimum of one year. On summary conviction, the maximum is two years less a day, with a mandatory minimum of 90 days. The mandatory minimums mean that a conditional discharge is not available and that a guilty plea or finding of guilt will result in at least some period of custody, though the form of that custody (conditional vs. straight incarceration) depends on the circumstances.
The general age of consent in Canada is 16 years old. However, there are "close-in-age" exceptions, sometimes called the Romeo and Juliet provisions. A 14 or 15-year-old can legally consent to sexual activity with a partner who is less than 5 years older, provided the partner is not in a position of trust or authority over the young person. A 12 or 13-year-old can consent to sexual activity with a partner less than 2 years older. The age of consent rises to 18 where the sexual activity involves exploitation, a position of trust or authority, or prostitution.
Yes. A conviction for sexual interference under section 151 is a designated offence that triggers automatic registration with the National Sex Offender Registry and Ontario's Christopher's Law registry. Where the offence is prosecuted by indictment, registration is for life. The registered person must report to police annually and notify of any changes to their personal information, residence, or travel plans.
The Criminal Code provides a limited "belief in age" defence: if the accused genuinely and reasonably believed the complainant was 16 years of age or older, that belief may be raised. However, section 150.1(4) of the Criminal Code requires the accused to have taken all reasonable steps to ascertain the age of the complainant. Passive assumption is not enough. Other defences depend on the specific facts, including issues of identity, fabrication, and — in some cases — challenges to the admissibility of evidence. An experienced criminal defence lawyer should assess the full disclosure before any strategy is adopted.
Yes. Young persons aged 12 to 17 can be charged with sexual interference under the Youth Criminal Justice Act (YCJA), which governs the prosecution of youth offences in Canada. However, the YCJA emphasizes rehabilitation and proportionate accountability for young offenders. The mandatory minimums that apply to adults do not automatically apply to youth, and the range of youth-specific sentences — including extrajudicial measures and youth sentences — differs significantly from adult sentencing.
