Canadian Criminal Sentencing/Offences/Sexual Interference

Sexual Interference
s. 151 of the Crim. Code
Election / Plea
Crown ElectionHybrid
JurisdictionProv. Court
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
Summary Dispositions
Avail. Disp.Discharge (730)

Suspended Sentence (731(1)(a))
Fine (734)
Fine + Probation (731(1)(b))
Jail (718.3, 787)
Jail + Probation (731(1)(b))
Jail + Fine (734)

Conditional Sentence (742.1)
Minimum90 days jail
Maximum18 months jail or $5,000 fine
Indictable Dispositions
Avail. Disp.Discharge (730)

Suspended Sentence (731(1)(a))
Fine (734)
Fine + Probation (731(1)(b))
Jail (718.3, 787)
Jail + Probation (731(1)(b))
Jail + Fine (734)

Conditional Sentence (742.1)
Minimum1 year jail
Maximum10 years jail
References
Offence Elements
Sentence Principles
Sentence Digests
Comments
DNA primary designated offence

SOIRA designated offence

DO/LTO primary designated offence

Legislation edit

Sexual interference
151. Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years[1] and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.


...
R.S., 1985, c. C-46, s. 151; R.S., 1985, c. 19 (3rd Supp.), s. 1; 2005, c. 32, s. 3; 2008, c. 6, s. 54; 2012, c. 1, s. 11.


CCC

Application edit

For general principles for sexual offences see Canadian Criminal Sentencing/Offences/Sexual Offences

Principles edit

It is an aggravating factor for the offender to have been in a position of trust. A position of trust is distinctive from a position of authority and will be determined on the specific facts including the conduct of the offender.[2]

Unless there are exceptional circumstances, the range of sentence for sexual intercourse with a child by a person in a position of trust is 3 to 5 years.[3]


  1. http://laws-lois.justice.gc.ca/eng/acts/C-46/page-34.html#docCont
  2. Audet 1996 CanLII 198 (SCC), [1996] 2 SCR 171
  3. R. v. W.W.M., [2006] O.J. No. 440, 2006 CanLII 3262 (ON CA) at para 14

Factors edit

Aggravating Factors

  • Youthful age of Victim
  • degree of vulnerability of victim (inarticulate, easily manipulated, disabled)
  • significant gap in age between parties
  • offender in a position of trust or authority to victim
  • manner of interference (attempted acts, kissing, touching outside of clothes, touching inside of clothes, digital penetration, oral sex, full intercourse)
  • number of instances of interference
  • duration of each instance

Mitigating Factors

  • Youthful offender
  • guilty plea (early or late, saved resources)
  • prior record (related or unrelated)

Ancillary Orders edit

Offence-related Probationary Terms edit

  • No contact with victim
  • No contact with persons under age of 16
  • Treatment/Counselling
  • No alcohol or drugs (if facts involve them)

History edit

On August 9, 2012, the section was amended to increase the penalties from 45 days for indictable and 14 days for summary to one year and 90 days respectively.[1]