Fed Law: Sexual Offences

Question 1

Sexual Interference

S. 151 C.C

Answer 1

• For a sexual purpose
• Offender touches directly or indirectly body of person under 16 years of age
• With a part of the body or an object

Question 2

Invitation to Sexual Touching

S. 152 C.C

Answer 2

For a sexual purpose

• Invites, Counsels or Incites
• under 16
• to touch directly or indirectly with a part of the body or an object of any person

Question 3

Sexual Exploitation

S. 153 C.C

Answer 3

Offender touches directly or indirectly body of a Young Person or

Invites, Counsels and incites YOUNG PERSON to touch body of anyone (including themselves) directly or indirectly

Young Person = is defined as 16 or 17 years of age

Offender must be in

1. Position of trust or authority
2. Relationship of dependency
3. Relationship is exploitative of the young person

Inference Relationship Exploitative

• age of young person
• age difference
• evolution of relationship
• degree of control or influence over young person

Question 4

All three Offences of 
1. Sexual Interference S. 151
2. Invitation to sexual touching S. 152
3. Sexual Exploitation S.153
Are punishable ?

Answer 4

Two streams

1. Summary Conviction (min 90 days to not more than 2 years less a day)
2. Indictment (min 1 year - max 14 years)

Question 5

What is the age of consent?

Answer 5

May 1, 2008

16 years of age

Question 6

No Consent Obtained when

Answer 6

1. Someone other than complainant consents
2. Complainant incapable of consenting (drugs/alcohol/mental capacity)
3. Induced by person in position of trust or authority
4. Complainant refuses consent (words or conduct)
5. Complainant withdrawals consent (words or conduct)

Question 7

Consent for 12-13

Answer 7

• Consent is a defence for sexual activity with a 12 or 13 year old when
  1. there is consent
  2. Less than 2 YEARS difference
  3. Not in position of trust or authority not in relationship of dependency, not exploitative

Question 8

Consent for 14-15

Answer 8

Consent is a defence for sexual activity with a 14 or 15 year old when:

1. there is consent
2. Less than 5 YEARS difference
3. Not in position of trust or authority not in relationship of dependency, not exploitative

Question 9

Mistaken of Age

Answer 9

Accused can use this defence if they took all reasonable steps to determine the age of the complainant