Sexual Interference
Sexual interference is the offence, under section 151 of the Criminal Code, of touching, for a sexual purpose, any part of the body of a person under the age of 16. The offence is hybrid: summary maximum is 2 years less a day with a 90-day mandatory minimum; indictable maximum is 14 years with a one-year mandatory minimum. Sexual interference targets sexualized contact with children below the general age of consent.
Mass Tsang's sexual assault lawyers handle section 151 files across the GTA. For more on age-related sexual offences, see our blog on the age of consent in Canada.
Elements
The Crown must prove: (1) the accused touched any part of the complainant's body, directly or indirectly (with a body part or object); (2) the complainant was under 16 at the time of the touching; (3) the touching was done for a sexual purpose. Touching for a sexual purpose is assessed objectively — would a reasonable observer perceive the conduct as sexual, considering all the circumstances including the body part touched, the motive of the accused, and the context?
Why sexual interference, not sexual assault
Where the complainant is under 16, sexual interference is typically the principal charge because it does not require the Crown to prove non-consent. Children under 16 cannot legally consent to sexual activity (subject to narrow close-in-age exceptions), so the consent analysis that would govern a sexual assault case is unnecessary. The offence focuses on the touching itself, the age of the complainant, and the sexual purpose.
Close-in-age exceptions
Section 150.1 provides narrow exceptions to the prohibition where the accused and complainant are close in age and the relationship is not exploitative. A 12-13 year old can consent to a partner less than 2 years older. A 14-15 year old can consent to a partner less than 5 years older. The exceptions are easily lost where the accused is over the age boundary, where any element of authority or trust exists, or where the relationship is exploitative.
Mistake of age
Section 150.1(4) provides that an honest but mistaken belief that the complainant was 16 or older is a defence only where the accused took all reasonable steps to ascertain the complainant's age. Reasonable steps depend on context — what the accused saw, was told, observed, and could reasonably have done. The defence is not lightly established; mere reliance on the complainant's appearance is generally insufficient.
Penalties and collateral consequences
Sexual interference convictions carry mandatory minimum penalties. Consequences include: SOIRA registration (typically 20 years or life); section 161 prohibition orders; mandatory weapons prohibitions; DNA orders; severe immigration consequences for non-citizens; and lifelong reputational impact. Avoiding registration is often the central goal of the defence.
Related glossary terms
