Sexual Offences Against Children

There are numerous charges in the Criminal Code that involve children. Here are the most common.

Sexual Interference

Section 151 of the Code makes it an offence to touch, for a sexual purpose, directly or indirectly, any part of the body of a person under the age of 16. If treated as an indictable offenceA more serious type of Canadian criminal offence. the maximum penalty is 14 years in prison, with a minimum punishment of one year in jail. If treated as a summary convictionLess-serious criminal offences the maximum imprisonment is two years less a day, with a minimum of 90 days of detention.

Invitation to Sexual Touching

Section 152 of the Code makes it an offence to invite, counsel or incite a person under the age of 16 to touch, for a sexual purpose, directly or indirectly, the body of any person, including the body of the accused and the body of the person under 16. If treated as an indictable offence the maximum penalty is 14 years in prison, with a minimum punishment of one year in jail. If treated as a summary convictionLess-serious criminal offences the maximum imprisonment is two years less a day, with a minimum of 90 days of detention.

Sexual Exploitation

Section 153 (1) of the Code makes it an offence for a person in a position of trust or authority over a young personA person dealt with under the youth criminal justice system. to touch them, for a sexual purpose, directly or indirectly, or to invite them to touch someone else for a sexual purpose. Section 153 (1.2) states that a judge may infer that a person is in an exploitative relationship with a young person depending on the age of the young person, the age difference between the two, the evolution of the relationship, or the degree of control or influence by the older person over the young person. If treated as an indictable offence the maximum penalty is 14 years and a minimum of one year in jail. If treated as a summary conviction the maximum penalty is imprisonment for two years less a day and the minimum punishment is 90 days in jail.

Trafficking of a Person Under the Age of 18

Section 279.011 (1) makes it a crime to recruit, transport, conceal or harbour a person under 18, or to exercise control over their movements for the purpose of exploiting them or facilitating their exploitation. This charge is always treated as an indictable offence. There is a maximum penalty of life in prison if the offence included kidnapping, aggravated assault, aggravated sexual assault, or if the victim died during the offence, with a minimum penalty of six years in prison for the same factors. In all other cases, there is a maximum penalty of 14 years and a minimum of five years. The Code says consentVoluntary agreement to engage in an sexual act by the person under 18 is not a defence to this charge.

Benefitting From the Trafficking of a Youth

Section 279.02 (2) makes it a crime to benefit financially or in any other way from the traffickingInfluencing the movements of a person in order to exploit them of someone under 18, either directly or indirectly. This charge is always treated as an indictable offence, with a maximum penalty of 14 years in prison and a minimum penalty of two years in prison.

Withholding or Destroying a Youth's Documents

Section 279.03 (2) makes it a crime to conceal, withhold or destroy any travel document belonging to a person under 18 who is being trafficked. The Code states it does not matter if the document is of Canadian origin. This charge is an indictable offence that carries a maximum punishment of 10 years in prison and a minimum punishment of one year in jail.

Obtaining Sexual Services From a Person Under 18 Years

Section 286.1 (2) of the Code makes it a crime to obtain sexual services from someone under 18 years of age, or even to communicate with them about obtaining these services. This charge is an indictable offence that carries a maximum punishment of 10 years in prison, with a minimum of six months for a first offence and one year for each subsequent offence.

Material Benefit from Sexual Services

Section 286.2 (2) of the Code makes it an offence to materially or financially benefit from the sexual services of someone under the age of 18. This charge is always treated as an indictable offence and cannot be prosecuted as a summary conviction. The maximum penalty is 14 years in prison, with a mandatory minimum of two years. The Code adds that if you live with or are "habitually in the company" of the underage person providing sexual services, that will be considered as receiving financial or other material benefit from those services.

Procuring

Section 286.3 (2) of the Code makes it an offence to procure a person to offer or provide sexual services for consideration, to recruit, conceal or harbour a youth who offers sexual services for money, or to exercise control or influence over that person. This charge is an indictable offence with a maximum punishment of 14 years and a minimum punishment of five years imprisonment.

The Crown must prove beyond a reasonable doubtThe high standard the Crown must meet to prove guilt. that you committed the offence. That means proving every element, for example, the identity of the person who committed the act, that the act occurred, and that it was done for a sexual purpose. A judge or jury will assess whether each witness, including any child complainant, is believable. A trier of fact must acquit if they believe the accused, or if the accused's evidence leaves them in reasonable doubt. Even if the trier of fact rejects the accused's evidence entirely, they must still ask whether the Crown's evidence as a whole, including the complainant's testimony, proves guilt beyond a reasonable doubt. A complainant's testimony is assessed for credibility like any other witness; there is no separate Crown obligation to "disprove fabrication." If there is forensic evidence, its reliability can also be challenged. Your lawyer may also argue that your rights under the Canadian Charter of Rights and Freedoms were violated during the police investigation. In all cases, the defence is built on the specific facts of your case.

The Criminal Code allows the Crown to proceed in two ways. Offences for less-serious crimes can be dealt with summarily. More serious offences such as trafficking a youth for sex are dealt with as indictable offences. Offences that can be dealt with either way are called a hybrid offenceAn offence the Crown can proceed with summarily or by indictment..

'Sexual offences against children' is an umbrella term, not one single charge. The core Criminal Code offences on this page are sexual interference, invitation to sexual touching, and sexual exploitation. Sections 151 and 152 protect children under 16. Section 153 protects 16- and 17-year-olds from sexual exploitation by a person in a position of trust, authority, dependency, or another exploitative relationship.