Sexual assault and sexual interference are two distinct criminal offences in Canada, though both carry severe legal and social consequences. Understanding the difference between these charges is essential for those accused, as the legal defences and penalties vary significantly based on the circumstances of the case. Navigating these charges requires a clear understanding of your rights and a strategic approach to building a robust defence.
With experienced sexual assault lawyers at Batting, Wyman Barristers, you’ll receive personalized legal guidance and skilled advocacy. As trusted criminal defence lawyers in Calgary, our team is dedicated to protecting your reputation and future at every step of the process.
What Is Sexual Assault?
Sexual assault is a broad offence under the Canadian Criminal Code that involves any form of non-consensual sexual contact. It does not require physical injuries to occur and can include actions such as:
- Unwanted touching of a sexual nature.
- Coercion or threats to engage in sexual activity.
- Sexual acts performed without clear and informed consent.
The focus in sexual assault cases is the lack of consent, which can be a complex and subjective element in legal proceedings. Defending against sexual assault allegations requires a thorough understanding of the situation, including evidence, witness accounts, and the context of the interaction.
What Is Sexual Interference?
Sexual interference, defined under Section 151 of the Criminal Code, involves touching a minor under the age of 16 for a sexual purpose. This charge applies whether the touching occurs directly or indirectly through clothing. Unlike sexual assault, the issue of consent is irrelevant in sexual interference cases because minors under 16 are legally incapable of consenting to sexual activity with an adult.
Examples of actions that may lead to sexual interference charges include:
- Inappropriate touching or contact with a child.
- Engaging in sexual activity with someone under 16.
- Encouraging or coercing a minor to participate in sexual acts.
The intent of the act plays a critical role in these cases. For instance, the Crown must prove that the touching was done for a sexual purpose, which often involves examining the accused’s behaviour and the circumstances of the interaction.
Key Differences Between Sexual Assault and Sexual Interference
While both offences involve unlawful sexual conduct, the key differences lie in the following:
1. Age of the Complainant:
- Sexual assault can involve victims of any age.
- Sexual interference specifically involves victims under the age of 16.
2. Consent:
- In sexual assault cases, consent (or the lack thereof) is a central issue.
- In sexual interference cases, consent is not a defence if the complainant is under 16.
3. Legal Focus:
- Sexual assault cases focus on the act and whether it was consensual.
- Sexual interference cases emphasize the age of the victim and the intent of the accused.
How to Protect Yourself Against These Charges
Being accused of sexual assault or sexual interference can be life-altering, both legally and personally. Taking the following steps can help protect your rights:
1. Seek Immediate Legal Counsel:
Contact experienced sexual assault lawyers to help you understand the charges, evaluate the evidence, and develop a tailored defence strategy.
2. Maintain Silence:
Avoid making statements to law enforcement or anyone else without consulting your lawyer. Anything you say can be used against you.
3. Preserve Evidence:
Gather any evidence, such as messages, emails, or witness accounts that may support your version of events.
4. Comply with Legal Processes:
Follow all bail conditions or court orders to avoid additional charges or complications.
How Calgary Criminal Defence Lawyers Can Help
Facing allegations of sexual assault or sexual interference can feel overwhelming, but you do not have to face these challenges alone. At Batting, Wyman Barristers in Calgary, our experienced criminal defence lawyers specialize in navigating these complex legal issues. We provide compassionate, knowledgeable support to help you understand your options and build a strong defence.
Our team will examine the evidence, cross-examine witnesses, and ensure your rights are protected throughout the process. Through our dedicated efforts, we consistently deliver the best possible outcomes for our clients.
Book a free consultation with us if you are facing such charges.
