Canadian Criminal Sentencing/Offences/Sexual Interference
| Sexual Interference | |
|---|---|
| s. 151 of the Crim. Code | |
| Election / Plea | |
| Crown Election | Hybrid |
| Jurisdiction | Prov. Court SC Judge + PI (I) SC Jury + PI (I) (536(2)) |
| Summary Dispositions | |
| Avail. Disp. |
|
| Minimum | 90 days jail |
| Maximum | 18 months jail or $5,000 fine |
| Indictable Dispositions | |
| Avail. Disp. |
|
| Minimum | 1 year jail |
| Maximum | 10 years jail |
| References | |
| Offence Elements Sentence Principles Sentence Digests | |
| Comments | |
| DNA primary designated offence DO/LTO primary designated offence | |
Legislation
[edit | edit source]Sexual interference
151. 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) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years[1] and to a minimum punishment of imprisonment for a term of one year; or
- (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.
...
R.S., 1985, c. C-46, s. 151; R.S., 1985, c. 19 (3rd Supp.), s. 1; 2005, c. 32, s. 3; 2008, c. 6, s. 54; 2012, c. 1, s. 11.
– CCC
Application
[edit | edit source]For general principles for sexual offences see Canadian Criminal Sentencing/Offences/Sexual Offences
Principles
[edit | edit source]It is an aggravating factor for the offender to have been in a position of trust. A position of trust is distinctive from a position of authority and will be determined on the specific facts including the conduct of the offender.[2]
Unless there are exceptional circumstances, the range of sentence for sexual intercourse with a child by a person in a position of trust is 3 to 5 years.[3]
- ↑ http://laws-lois.justice.gc.ca/eng/acts/C-46/page-34.html#docCont
- ↑ Audet 1996 CanLII 198 (SCC), [1996] 2 SCR 171
- ↑ R. v. W.W.M., [2006] O.J. No. 440, 2006 CanLII 3262 (ON CA) at para 14
Factors
[edit | edit source]Aggravating Factors
- Youthful age of Victim
- degree of vulnerability of victim (inarticulate, easily manipulated, disabled)
- significant gap in age between parties
- offender in a position of trust or authority to victim
- manner of interference (attempted acts, kissing, touching outside of clothes, touching inside of clothes, digital penetration, oral sex, full intercourse)
- number of instances of interference
- duration of each instance
Mitigating Factors
- Youthful offender
- guilty plea (early or late, saved resources)
- prior record (related or unrelated)
Ancillary Orders
[edit | edit source]- DNA Orders
- SOIRA Orders (Mandatory)
- 161 Order
Offence-related Probationary Terms
[edit | edit source]- No contact with victim
- No contact with persons under age of 16
- Treatment/Counselling
- No alcohol or drugs (if facts involve them)
History
[edit | edit source]On August 9, 2012, the section was amended to increase the penalties from 45 days for indictable and 14 days for summary to one year and 90 days respectively.[1]