SEXUAL INTERFERENCE CHARGE?

WE’RE THE EXPERTS

We are an experienced firm that protects your rights by defending serious allegations of child sexual abuse.

Talk To Us Now
Play Video

Contact Us

    Children Never lie about sexual abuse – except for when they do

    And when they do a mere allegation of sexual interference can destroy your reputation. Even if you are completely innocent of the charges, even if the child later changes their story, the damage is already done.

    When children make up allegations of sexual interference, all reason goes out the window. Society turns your presumption of innocence into a presumption of guilt. You may be suspended or terminated from work, isolated from your family and ostracized from society, even before you have your day in court.

    Read More

    Practice Areas

    All sexual abuse charges

    Sexual interference charges rarely, if ever, stand alone. When someone is charged with sexual interference, they are often also charged with sexual assault, as well as sexual exploitation and invitation to sexual touching.

    Read More

    Pre Charge

    Our office is capable of assisting you throughout the whole process. Your defence does not start in the courtroom, it ends there. It starts when you are first being accused and sometimes even before the police get involved.

    Read More

    Bail

    If you are arrested and charged, you need to be able to get back home as quickly as possible. The law gives you a right to reasonable bail. Sometimes the prosecutors are looking to have you stay in jail while you wait for your trial.

    Read More
    Read More

    We are the experts in sexual
    interference defence

    We take a unique proven three-step approach to fighting these charges.

    We listen to you

    We are experts in the law on sexual interference charges, but we are not yet experts in the facts of your case. In order to be successful, in our defence, we must understand what actually happened. We want to know everything about everything. Many lawyers are known for being good talkers. We aim to be good listeners. We cannot fully defend you unless we fully understand your goals, your interests and the facts of you case. We make a point of ensuring you are heard and listened to.

    We strategize with you

    Once we fully understand the facts of the case, we start working to put together a plan. We know the strengths and weaknesses of the case and start working towards a plan that exploits the strengths and neutralizes the weaknesses. We come up with with a plan for every anticipated contingency. We also come up with plans for things that we might not be able to anticipate. In trials the best prepared side always has an advantage. That is the advantage that you have when we represent you.

    We defend you

    Once our plan is perfected, it is the time to execute it in the court. With over 12 years of trial experience and hundreds of hearings under our belt, our team is comfortable in the courtroom. We know how to effectively cross examine children. We put our energy behind your defence and passionately pursue the best result for you.

    FAQ

    Under section 151 of the criminal code, a person can be charged for committing sexual

    interference. The section is a hybrid offence, and so it gives a lot of different punishments that a crown attorney can use. For more serious offences, the crown attorney can prosecute on indictment, with a minimum sentence of one-year imprisonment and a maximum sentence of fourteen years. If the crown chooses to proceed on a summary conviction, the punishment is much more lenient, with a minimum sentence of 90 days imprisonment and a maximum sentence of two years less a day. Section 151 of the criminal code gives the offence of sexual interference. The code states:

    “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 person is guilty of sexual interference if they are an adult who touches a person under 16 years of age in any way with a sexual purpose. This is different from section sexual assault in section 271 of the criminal code. Sexual assault requires the touching be done without consent. “Without consent” is an essential element of sexual assault but is not mentioned at all in sexual interference.

    Sexual interference can also be charged to persons between the ages of 16 and 18 if they are in a position of trust or authority with the victim.

    When you are charged with sexual interference, you are innocent until proven guilty. The crown attorney needs to prove all the different parts of the offence beyond a reasonable doubt for you to be convicted.

    The crown needs to prove seven different things to show that the accused actually committed sexual interference. The elements that must be proven are 1:

    1. That the accused was the offender (The accused’s identity)

    2. The time and place the offence occurred

    3. The age of victim at the time of the offence (were they under 16?)

    4. That that the accused touched the victim

    5. That that touching was for a sexual purpose

    6. That the accused knew the victim was under 16 or the accused did not take reasonable steps to ascertain the age of the victim

    For more serious offences, the crown attorney can prosecute on indictment, and for a less serious offence they have the option to prosecute summarily. The crown attorney gets to choose which way they will charge you deepening on how serious the alleged crime is.

    If you are prosecuted on indictment, there is a minimum sentence of one-year imprisonment and a maximum sentence of fourteen years. If the crown chooses to proceed on a summary conviction, the punishment is much less, with a minimum sentence of 90 days in jail and a maximum sentence of two years less a day in jail.

    Consent and Sexual interference:

    Sexual interference is much different from a sexual assault charge when the question of consent is raised. Since persons under the age of 16 cannot consent to sexual intercourse, consent is not a defence in most cases. Consent may be a defense when a complainant meets certain requirements which differ based on their age. Consent is never a defense if the complainant is below the age of 12, but if the complainant is between the ages of 12 and 14 years or 14 and 16, then consent is available as a defense in certain circumstances.

    If a complainant is between the ages of 12 and 14, consent is a possible defense ONLY if:

    • The accused is less than two years older than the complainant

    • The accused is not in a position of trust or authority and it is not a relationship of dependency (i.e., not in a situation where they have influence over the accused, or the accused depends on them)

    If a complainant is between the ages of 14 and 16, consent is a possible defense ONLY if:

    • The accused is less than five years older than the complainant, and

    • There is no relationship of trust or dependency; or

    • The complainant and accused are married

    What if I didn’t know the victim’s age?

    Not knowing the age of the complainant or making a mistake as to the age of the complainant is not usually a defence to sexual interference. Thinking the complainant is over the age of 16 at the time the offence occurred is not enough for the mistaken belief in age defense unless the accused took all reasonable steps to find out the age of the complainant. What a judge would consider reasonable steps may be different in every case. More steps would be needed if the age gap between the complainant and accused is larger or if the accused is older and more sophisticated than the youth. The courts look at factors such as:

    • The age different between the accused and complainant

    • The complainant’s physical appearance

    • The complainant’s behaviour

    • All the surrounding circumstances.

    The accused’s belief that the complainant is of age is a relevant consideration but is not determinative of if a valid mistake of age has been made. The onus to proving the age exemption is on the accused, and they must prove that all reasonable steps have been taken. The requirement of all reasonable steps is not that some or most reasonable steps were taken. It is a higher bar than a reasonable doubt, “all” reasonable steps must be taken for mistake of age to be a valid defense.

    About Us

    When you are facing a serious charge, you want a firm that is very knowledgeable and experienced with that charge. When it comes to sexual interference and other criminal charges relating to child sexual abuse, we are that firm. Since becoming a lawyer over a decade ago, Lakin Afolabi has developed a reputation as an expert in defending allegations of sexual abuse charges including those against children.

    Due to the demand for our highly-niched advocacy we have developed and trained a brilliant team of hardworking associates who assist our firm with all our matters. Our office functions with proven systems and processes that ensure that we leave no turn unturned as we protect your rights.

    Read More
    who we are

    Contact Us

    We have three offices throughout Southwestern Ontario. We are also open to taking on cases in other jurisdictions.