Sexual Interference Lawyer in Brampton, Ontario, Canada
With a deep understanding of the complexities involved in sexual interference cases, we approach every situation with compassion, diligence, and a commitment to protecting your rights
GSP Law handles diverse criminal cases across Ontario, with a strong focus on Brampton, Tronto, and Orangeville. Our expertise extends to clients across the Greater Toronto Area, including Mississauga, Newmarket, Milton, Oshawa and North York.
What is Sexual Interference in Canada?
Sexual interference refers to the act of participating in explicit or implicit sexual connections with a person under 16 years old. Despite the legal age of consent being 16 in Canada, allegations of such involvement can emerge if someone under 18 engages in physical contact with an individual holding a position of power, influence, or reliance.
What is an Invitation to Sexual Touching?
Invitation to sexual touching is a legal offence involving the act of inviting, counselling, or encouraging an individual under the age of 16 to engage in physical contact, either directly or indirectly, with another person’s body or an object.
What is Sexual Exploitation?
Sexual exploitation is a criminal act that occurs when someone in a position of authority, trust, or dependency toward a young person engages in inappropriate behaviour. A young person is defined as someone who is 16 years old or older but not yet 18.
This case involves acts like sexual interference or invitation to sexual touching, emphasizing the responsibility to safeguard vulnerable individuals and maintain ethical boundaries.
Our legal expertise at GSP Law ensures that cases of sexual exploitation are handled with utmost sensitivity and diligence, providing comprehensive legal guidance and support to those involved.
Charged with Sexual Interference?
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A sexual interference lawyer understands the sensitive nature of these cases and will treat you with empathy and respect. They will stand by your side, ensuring your voice is heard, and your rights are protected.
Investigation of Sexual Interference Charges in Canada
Allegations of sexual interference often trigger an investigation initiated by the minor’s parent or guardian, reported to local police. The thorough process involves witness statements, including those from the child, family, and friends.
A forensic exam checks for signs of interference. The absence of signs doesn’t mean charges drop. After arrest, consult a lawyer privately. Rules change for victims under 16, allowing remote testimony, support, and specific trial options like video statements.
At trial, the Crown’s options include:
- Remote witness testimony via a TV link.
- Support person besides the witness.
- Limiting the accused’s questions.
- Using video statements as evidence.
Getting Out on Bail for Sexual Interference Charges
If you or someone you care about is facing charges of sexual interference, here’s how the bail process works and what you can expect:
When charged with sexual interference, you’ll likely need a formal bail hearing to be released from custody. Usually, the prosecutor (Crown) will want you to stay in custody until your case is resolved unless you have a clean criminal record.
A bail hearing can happen as soon as 24 hours after the arrest. Your defence lawyer will work to make sure the hearing takes place promptly, so you don’t spend unnecessary time in custody.
Conditions for Release
If the court grants your release after the bail hearing, you’ll likely have to follow certain rules known as conditions. These conditions are meant to ensure you don’t interfere with the case or pose a risk. We’ll outline these conditions below.
The bail hearing process can start within a day of your arrest. However, the Crown can ask for up to three days to prepare for the hearing.
Your lawyer is the only one allowed to contact you during this time. Police can’t share information with friends or family due to privacy laws. They’ll share information with your lawyer after verifying their details.
While in custody, it’s a good idea to hire a skilled defence lawyer as soon as possible. A lawyer will manage the legal process for you and communicate with your loved ones. After your arrest, you have the right to call a lawyer in private. If you exercise this right, the police can’t question you until you’ve spoken to a lawyer.
When you choose GSP Law, we’ll start working to secure your release on bail. We understand the process and will guide you every step of the way. Facing legal charges is stressful, but understanding the bail process can help ease some of your concerns.
If you’re dealing with sexual interference charges, we’re here to provide the support and legal assistance you need.
Sentence for Sexual Interference
A conviction for Sexual Interference carries serious repercussions, including significant imprisonment terms. For summary conviction, sentences range up to two years minus a day, with a minimum of 90 days. Indictment can lead to up to 14 years imprisonment, with a one-year minimum.
Additional measures like DNA orders, section 161 orders, and a SOIRA Order (involves the Sex Offender Registry) follow convictions, leaving a lifelong impact after sentencing. Seeking legal counsel is crucial to understanding and navigating these outcomes effectively.
Defences to a Sexual Interference Charge
Defences against a charge of sexual interference include:
- Misidentification of the accused individual.
- Disputing the occurrence of the alleged act.
- Contending that the act doesn’t legally qualify as sexual interference.
- Establishing communicated consent or a genuine mistaken belief in consent, where applicable.
- Pursuing a “Not Criminally Responsible” verdict due to mental disorder (NCR Application).
For tailored guidance on these defences and your situation, consult legal counsel today.
Why Choose GSP Law as Your Sexual Interference Lawyer in Brampton, ON?
When facing legal challenges related to sexual interference charges, GSP Law stands as your premier choice for comprehensive support. Here’s why you should consider us:
- Seasoned and experienced criminal appeal lawyer.
- Conducts a thorough review of criminal charges and pieces of evidence.
- Dedicated to your specific needs.
- Professional and knowledgeable to defend all clients no matter what charge and at all court levels.
Reach out today and get the proper legal representation by a highly experienced barrister and solicitor you deserve.
Sexual Interference FAQs:
In cases of sexual interference, consent operates differently than in sexual assault charges. Generally, consent isn't a defence, as individuals under 16 can't legally provide consent for sexual touching. However, there are exceptions based on the complainant's age:
- For those under 12, consent can never be a defence.
- Ages 12 to 14: Consent may be a defence if the accused is within two years of age and lacks authority over the complainant.
- Ages 14 to 16: Consent could be a defence if the accused is less than five years older and no trust or dependency relationship exists, except in marriage cases.
For tailored guidance, consult an expert legal advisor.
Facing sexual interference charges often involves a bail hearing, which can occur within 24 hours of arrest. The Crown might request up to three days for preparation. A skilled defence lawyer expedites this process, ensuring swift hearings to minimize custody time.
- We will contact the correctional center to discuss release steps.
- We will engage with the prosecutor to negotiate release.
- We will secure the police information package for the bail hearing.
- We will conduct the bail hearing in person or via teleconference.
During the bail hearing, the judge assesses:
- Your court appearance assurance.
- Protection from re-offending risks.
- Confidence in the justice system.
Our aim is your release and advocating for lenient bail terms, even in challenging sexual interference cases.
If you or a loved one are granted bail for sexual interference charges, you'll likely need to provide a cash deposit for release. Payment procedures vary based on the courthouse where your bail hearing occurs. Your defence lawyer will guide you through location-specific steps and explain payment options, whether you're paying directly or through a representative.
Mistakes of age can be a defence in cases of sexual interference when the accused genuinely believed the complainant was of legal age and gave consent. However, this defence is subject to certain conditions and may vary based on jurisdiction. Consult your defence lawyer for specific guidance tailored to your situation.
Being convicted of a sexual offence requires enrollment according to the Sex Offender Information Registration Act (SOIRA). This results in your private details being added to both the National Sex Offender Registry and the Ontario Sex Offender Registry.
This enrollment can considerably influence job opportunities and general quality of life. It's vital to have skilled legal assistance to handle this intricate issue. Contact us today.
Important Professional Disclaimer:
This website does not and cannot contain legal advice. The legal information provided on this page, especially the potential defences cited, is for general information and educational purposes only. No part of it is meant to be used as a substitute for professional advice.
Accordingly, we encourage you to consult a professional to provide you with legal advice fit for your case before taking any action based upon such information.
GSP Law cannot be held accountable nor liable for misinterpretation of the cited potential defences for sexual interference charges, and they are not legal advice nor guidance given on this website.
GSP Law encourages users of this website to consult with local counsel or contact us for actual legal advice or guidance.
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