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.
