Sexual Interference Lawyer Toronto | Pyzer Criminal Lawyers
Sexual interference charge in Toronto? Pyzer Criminal Lawyers defends Section 151 cases across Ontario. Free case evaluation, 24/7 availability. Call now.
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Reviewed by Jonathan Pyzer, a criminal defence lawyer with over 23 years of experience and lead counsel at Pyzer Criminal Lawyers.
Pyzer Criminal Lawyers is a criminal defence law firm in downtown Toronto that has been defending clients charged with sexual interference and related sexual offences before courts in Toronto and throughout Ontario since 2002.
Experienced Criminal Defence for Sexual Interference Charges in Toronto
A sexual interference charge carries serious, lasting consequences. Getting experienced criminal defence counsel in place promptly is one of the most important steps you can take.
What Our Clients Say
[PLACEHOLDER: 3–5 client testimonials from individuals who have been defended on sexual interference or related sexual offence charges. Suggested format: first name and initial, or “Name withheld by request,” followed by 3–5 sentence testimonial. Confirm client consent prior to publication. Do not include any identifying details about complainants.]
[PLACEHOLDER: 3–5 anonymized case result summaries. Suggested format: charge type + court + outcome (e.g., “Sexual interference charge – Ontario Court of Justice, Toronto – Acquittal after trial”), followed by 2–3 sentences describing the key defence issue. Do not include any identifying details about the complainant or the accused beyond the charge and outcome.]
What Is Sexual Interference Under Canadian Law?
Sexual interference is a criminal offence under Section 151 of the Criminal Code of Canada. It is defined as touching directly or indirectly, with any part of the body or with an object, any part of the body of a person under the age of 16 years, for a sexual purpose. Sexual interference is a hybrid offence, meaning the Crown Attorney may elect to proceed either by indictment or by summary conviction, depending on the circumstances of the particular case.
This charge is distinct from sexual assault, with different defences and consequences.
Sexual interference (Section 151) differs from sexual assault (s.271) primarily in the age of the complainant. Sexual assault can involve a complainant of any age, while sexual interference specifically requires that the complainant be under 16 years of age. Sexual interference also requires proof that the touching was for a sexual purpose. Both are serious Criminal Code offences. Sexual assault involving a complainant under 16 can also carry mandatory minimum penalties.
Charged with Sexual Interference in Toronto? Here Is What You Need to Know
We represent clients charged with:
– Sexual interference (Section 151, Criminal Code of Canada)
– Invitation to sexual touching (s.152)
– Sexual exploitation (s.153)
– Child luring / internet luring (s.172.1)
– Sexual assault involving a minor (s.271)
– Child pornography offences (s.163.1)
– Voyeurism (s.162)
– Related sexual offence charges throughout Toronto and the Greater Toronto Area
Don’t see your specific charge listed? Contact us. We handle a broad range of criminal matters across Ontario.
Sexual Interference and Related Sexual Offence Charges We Defend
Pyzer Criminal Lawyers defends clients facing sexual interference charges and related sexual offence charges before courts in Toronto and throughout the Greater Toronto Area, including Mississauga, Brampton, Scarborough, Hamilton, Oshawa, Barrie, and Newmarket.
Section 151 – Sexual Interference Touching a person under 16 for a sexual purpose, directly or indirectly, under the Criminal Code of Canada.
Section 152 – Invitation to Sexual Touching Inviting, counselling, or inciting a person under 16 to touch any person for a sexual purpose. This charge carries the same mandatory minimums as sexual interference and frequently arises alongside Section 151 charges.
Section 153 – Sexual Exploitation Applies where the accused is in a position of trust or authority over a person between 16 and 18 years of age. Arises commonly in teacher-student, coach-athlete, and similar relationships.
Section 172.1 – Luring a Child Using electronic means including the internet, text messaging, or social media to communicate with a person under a specified age for the purpose of facilitating a sexual offence. These charges are pursued vigorously by Ontario prosecutors.
Section 163.1 – Child Sexual Abuse and Exploitation Material: Making, distributing, transmitting, accessing, or possessing child pornography. These charges carry serious penalties and often arise alongside other allegations involving minors.
Section 271 – Sexual Assault (involving a minor): Sexual assault involving any person without consent, including a person under 16. Sometimes laid alongside or in place of sexual interference, depending on the alleged conduct.
Section 162 – Voyeurism: Surreptitiously observing or recording a person in circumstances giving rise to a reasonable expectation of privacy, for a sexual purpose.
Facing a charge not listed here? Contact Pyzer Criminal Lawyers to discuss whether our team can assist.
The Potential Consequences of a Sexual Interference Conviction in Ontario
A criminal conviction for sexual interference does not just result in jail time. The consequences reach across almost every area of your life.
A conviction for sexual interference under Section 151 of the Criminal Code of Canada may result in the following:
● Mandatory minimum imprisonment of one year if prosecuted by indictment, or mandatory minimum 90 days if prosecuted by summary conviction;
● Mandatory registration on the national sex offender registry under the Sex Offender Information Registration Act (SOIRA) for a minimum of 10 years;
● A permanent criminal record;
● A prohibition order under Section 161 of the Criminal Code of Canada that may restrict contact with minors;
● In appropriate circumstances, consideration for a long-term or dangerous offender designation.
Additional consequences may include immigration consequences, restrictions on employment in regulated professions, and lasting reputational consequences.
Mandatory Minimum Sentences
Sexual interference carries a mandatory minimum sentence. On indictment, that minimum is one year of imprisonment. On summary conviction, it is 90 days. Mandatory minimums limit what a judge can do at sentencing. The outcome of the trial determines whether sentencing happens at all.
Sex Offender Registry (SOIRA)
Upon conviction, a SOIRA order is often required, but the current law is more nuanced than a simple automatic-registration rule. In some circumstances, the order is mandatory. In others, the court must make the order unless the offender establishes the statutory exemption. The duration is not always 10 years. For a Section 151 offence, it may be 10 years on summary, 20 years on indictment, and life in some repeat-offender or multiple-offence situations.
Criminal Record
A criminal record for a sexual offence against a minor appears on police record checks. The reach is broader than most people expect. Employment, professional licensing, volunteer positions, international travel, and immigration status for non-citizens can all be affected.
Immigration Consequences
For non-citizens of Canada, including permanent residents, temporary residents, and refugee claimants, a conviction for sexual interference may constitute serious criminality under the Immigration and Refugee Protection Act. That can lead to a removal order. If you are not a Canadian citizen, immigration consequences need to be part of your defence strategy from day one. Not an afterthought.
Section 161 Prohibition Orders
Courts may impose prohibition orders under Section 161 of the Criminal Code of Canada. These can restrict a convicted person from attending certain public places, using the internet to communicate with minors, or holding positions of trust over persons under 16. These orders can remain in effect well beyond the custodial sentence itself.
What the Crown Must Prove in a Sexual Interference Case
The Crown bears the full burden of proof. To obtain a conviction for sexual interference, the Crown must prove beyond a reasonable doubt: (1) that the accused touched the complainant directly or indirectly, with a body part or object; (2) that the complainant was under the age of 16 years at the time of the alleged touching; and (3) that the touching was done for a sexual purpose. If the Crown fails to prove any one of these three elements beyond a reasonable doubt, the accused must be acquitted.
“Sexual purpose” is frequently contested at trial. The Crown must establish intent through the circumstances of the conduct. It cannot be presumed. Questions of identity and the nature of the alleged contact can also be live issues depending on the facts.
Potential Defences Against Sexual Interference Charges
Every sexual interference case turns on its own facts. The defences available depend on the specific allegations, the evidence, and a thorough assessment of the Crown’s disclosure.
Reasonable Doubt as to Identity
The Crown must prove beyond a reasonable doubt that the accused is the person who committed the alleged act. In cases involving delayed disclosure or where identification rests on a single witness’s account, defence counsel can examine and challenge the reliability of that identification evidence.
Absence of Sexual Purpose
The alleged touching must have occurred for a sexual purpose. In caregiving, medical, therapeutic, or educational contexts, incidental physical contact with a minor can occur without any sexual intent. Defence counsel can challenge this element by examining the full context of the alleged conduct.
Honest but Mistaken Belief in Age
Section 150.1(4) of the Criminal Code of Canada provides a defence where the accused held an honest belief that the complainant was 16 years of age or older, provided the accused took all reasonable steps to ascertain the complainant’s age. Whether it applies depends on how the accused formed that belief and what steps were taken to verify the complainant’s age.
The Close-in-Age Exception (Section 150.1)
Where the ages of the accused and the complainant are close, a limited statutory exception may apply in certain consensual situations under Section 150.1 of the Criminal Code of Canada. A full explanation of this exception is set out in the section below.
Charter Rights Violations
If the accused’s rights under the Canadian Charter of Rights and Freedoms were violated during the investigation or at arrest including the right to counsel, the right against unreasonable search and seizure, or the right to silence, evidence obtained through those violations may be excluded. In serious cases, a stay of proceedings may be sought.
Reliability and Credibility of the Complainant’s Account
Where a sexual interference allegation rests primarily on the testimony of the complainant, defence counsel will examine whether the complainant’s account is consistent, whether prior inconsistent statements exist, and whether any factors affect the reliability of the recollection.
Delayed Disclosure
In a number of sexual interference matters, the complainant does not report the alleged offence until significant time has passed. Canadian courts do not treat delayed disclosure as inherently suspicious. But the circumstances surrounding that disclosure who the complainant first told, the timeline, and whether the account has stayed consistent, remain relevant to reliability.
False Allegation
In some cases, there is reason to question whether an allegation is motivated by factors unrelated to the alleged conduct, such as a custody dispute, a relationship breakdown, or another interpersonal conflict. Defence counsel can investigate the background of the allegation and present relevant evidence to the court.
Contact Pyzer Criminal Lawyers to discuss which defences may apply to your situation. Each case requires a thorough review of the facts before any assessment can be made.
The Close-in-Age Exception: Section 150.1 of the Criminal Code
Canadian law includes a “close-in-age exception”, which may preserve consent as a defence in limited circumstances where the complainant is 12 to 15 and the age gap falls within the statutory limits.
Under Section 150.1 of the Criminal Code of Canada, a close-in-age exception applies in the following circumstances: where the complainant is 12 or 13 years of age, it is a defence that the accused is less than two years older than the complainant and is not in a position of trust or authority over them, nor is the complainant in a relationship of dependency with the accused.
Where the complainant is 14 or 15 years of age, the exception applies if the accused is less than five years older and is similarly not in a position of trust or authority. In both cases, the exception is not available where the accused holds a position of trust or authority over the complainant, or where the complainant is in a relationship of dependency with the accused.
Courts have interpreted “position of trust or authority” broadly. It is not limited to formal roles. The exception is also unavailable where the relationship is exploitative. A criminal defence lawyer can assess whether this exception applies to your circumstances.
Why Clients in Toronto Choose Pyzer Criminal Lawyers for Sexual Interference Defence
Dedicated Criminal Defence Practice Since 2002 Pyzer Criminal Lawyers is an exclusively criminal defence firm, based in downtown Toronto. Our practice has been focused entirely on criminal law since 2002. We do not practise family, immigration, or civil law alongside criminal matters. Our sole focus means our team is in criminal courts consistently, on matters of this type.
Experience Defending Sexual Offence Charges Across Ontario Our team, including lawyers Jonathan Pyzer and Jasmine Mann, has accumulated experience across a broad range of sexual offence matters in Toronto and throughout Ontario, including sexual interference, invitation to sexual touching, sexual exploitation, and related charges.
Available 24/7, Including for Urgent Bail Matters Our team is available 24 hours a day, 7 days a week for urgent bail hearing matters. Call (416) 658-1818 at any time.
Regularly Appearing Before Toronto Courts Our lawyers appear regularly before the Ontario Court of Justice and the Superior Court of Justice in Toronto and across the Greater Toronto Area. We are familiar with the courts and the Crown’s approach to sexual offence matters in Ontario.
Transparent and Honest Assessment We give you an honest assessment of your situation. That means a clear discussion of the strengths and weaknesses of your case, realistic outcomes, and what a defence strategy will involve.
Licensed Members of the Law Society of Ontario Pyzer Criminal Lawyers is licensed and in good standing with the Law Society of Ontario. Our lawyers are also members of the Criminal Lawyers’ Association and the Toronto Lawyers Association.
4.9-Star Rating Based on 150+ Client Reviews Our firm’s rating reflects a long-standing commitment to thorough preparation, clear communication, and diligent representation throughout Ontario.
What to Do Immediately After Being Charged with Sexual Interference
The steps taken or not taken immediately after a sexual interference charge can have a real effect on your case. Here is what matters most.
1. Do Not Speak to Police Without First Retaining a Lawyer
You have the right to remain silent under the Canadian Charter of Rights and Freedoms. If you have been arrested or are under investigation for sexual interference, you are not required to answer police questions or provide a statement. Anything you say to the police can be used as evidence against you. You should invoke your right to counsel and decline to answer questions until you have had the opportunity to speak with a criminal defence lawyer.
2. Exercise Your Right to Counsel Promptly
Under Section 10(b) of the Charter, you have the right to retain a lawyer without delay. Police must stop questioning you once you invoke that right. Call Pyzer Criminal Lawyers at (416) 658-1818, available 24/7.
3. Do Not Contact the Complainant
Do not attempt to contact the complainant or their family directly or through a third party. Any contact regardless of intent may result in additional criminal charges and revocation of your bail.
4. Preserve All Relevant Records
Do not delete text messages, emails, social media communications, photographs, or any other records that may be relevant to your case. Digital evidence can support your defence. Preserve everything and provide it to your lawyer.
5. Retain a Sexual Interference Lawyer Toronto Promptly
Retaining a sexual interference lawyer early allows your lawyer to attend your bail hearing, review Crown disclosure as soon as it is available, identify potential Charter issues, and begin building your defence from the outset. Contact Pyzer Criminal Lawyers to arrange your free case evaluation.
Why Retaining a Sexual Interference Lawyer Before Your Bail Hearing Matters
Bail hearings for sexual interference charges are frequently contested by the Crown. What happens at that hearing has real practical consequences for your ability to work, be with your family, and help prepare your own defence.
A bail hearing for a sexual interference charge in Ontario should be held without unreasonable delay and, if a justice is available, within 24 hours of arrest. The Crown may oppose release on grounds that the accused poses a risk to a specific person or to the public, or on the basis that public confidence in the administration of justice requires detention. A Toronto sexual interference lawyer can prepare a bail hearing plan, including surety arrangements, proposed residence conditions, and other appropriate release terms, and present submissions for release on those terms. Remaining in custody pending the resolution of a matter can have significant practical consequences for employment, family, and the ability to assist in preparing your own defence.
Call (416) 658-1818 at any time.
How Pyzer Criminal Lawyers Approaches Sexual Interference Defence
Step 1 – Free Case Evaluation Your first step is a free case evaluation with a member of our criminal defence team. We listen to your account, explain the charge, answer your questions, and give you an honest assessment of your situation.
Step 2 – Bail Representation (Where Required) If you have been arrested or expect to be arrested, we attend your bail hearing and make submissions for your release on the most appropriate terms available. We prepare a release plan, work with potential sureties, and present your circumstances to the court promptly.
Step 3 – Crown Disclosure Review Once Crown disclosure is received, we review all materials carefully, police reports, witness statements, video and audio recordings, electronic evidence, and any forensic or expert reports to identify weaknesses in the Crown’s case, potential Charter issues, and available defence strategies.
Step 4 – Charter Application Analysis We assess whether any of your constitutional rights were violated during the investigation or at the time of arrest. Where Charter violations are identified, we bring the appropriate applications to exclude evidence or seek a stay of proceedings.
Step 5 – Defence Investigation We conduct our own review of the available evidence, speak with potential witnesses, obtain relevant records, and, where appropriate, consult with experts to identify evidence that creates reasonable doubt about the Crown’s case.
Step 6 – Negotiations with the Crown Where circumstances make it appropriate, we engage with the Crown to explore whether charges may be withdrawn, resolved to a lesser offence, or otherwise addressed in a manner that serves your interests. All decisions remain with you.
Step 7 – Trial Preparation and Representation If your matter proceeds to trial, we prepare thoroughly. That means developing a cross-examination strategy, retaining expert witnesses where appropriate, and representing you before the court with diligence and care.
Frequently Asked Questions: Sexual Interference Charges in Toronto
What is the penalty for sexual interference in Canada?
The penalty for sexual interference under Section 151 of the Criminal Code of Canada depends on the Crown’s election. If prosecuted by indictment, the mandatory minimum sentence is one year of imprisonment, and the maximum is 14 years. If prosecuted by summary conviction, the mandatory minimum is 90 days, and the maximum is two years less a day. A conviction will also result in serious consequences, including a potential SOIRA order and, in many cases, a prohibition order under s.161 restricting contact with minors.
Can sexual interference charges be dropped or withdrawn in Ontario?
Yes. Sexual interference charges can be withdrawn by the Crown Attorney at any point in the proceedings. The Crown may choose to withdraw charges where it concludes there is no reasonable prospect of conviction, the evidence is insufficient, or proceeding is not in the public interest. A criminal defence lawyer can make representations to the Crown regarding the evidentiary record and other relevant circumstances. While no specific outcome can be guaranteed, thorough and timely legal representation provides the best foundation for exploring all available options, including early resolution.
Should I speak to the police if I have been charged with or am under investigation for sexual interference?
No. You are not required to answer police questions or provide a statement, and you should not do so before speaking with a criminal defence lawyer. You have the right to remain silent under the Canadian Charter of Rights and Freedoms, and anything you say to police can be used as evidence against you. Invoke your right to counsel and decline to answer questions until you have received legal advice.
Will I go to jail if convicted of sexual interference?
A conviction for sexual interference carries a mandatory minimum sentence of one year of imprisonment if prosecuted by indictment, or 90 days if prosecuted by summary conviction. Whether the mandatory minimum can be successfully challenged on Charter grounds depends on the specific circumstances of the case. It is important to note that a charge of sexual interference is not the same as a conviction. A matter may be resolved through acquittal at trial, withdrawal of charges, or other outcomes. The appropriate defence strategy for your case should be discussed with a criminal defence lawyer following a full review of the facts and evidence.
What is SOIRA, and does it apply to sexual interference convictions?
SOIRA, the Sex Offender Information Registration Act, establishes Canada’s national sex offender registry. Upon conviction for sexual interference, a SOIRA order may be required under the current statutory scheme. In some cases, it is mandatory. In others, the court must make the order unless the offender establishes the statutory exemption. The duration can be 10 years, 20 years, or life, depending on the offence and the offender’s circumstances. SOIRA registration is separate from a criminal record and continues for the length of the order unless it is lawfully terminated.
What is the close-in-age exception, and does it apply to my case?
The close-in-age exception is found at Section 150.1 of the Criminal Code of Canada and provides a potential defence where the age gap between the accused and the complainant is small. If the complainant is 12 or 13 years of age, the exception may apply where the accused is less than two years older and is not in a position of trust or authority over the complainant. If the complainant is 14 or 15 years of age, the exception may apply where the accused is less than five years older, again provided there is no position of trust or authority and no relationship of dependency. Whether this exception is available in your specific case requires a factual and legal analysis with an experienced criminal defence lawyer.
What happens if the complainant recants or decides not to proceed?
In Canada, the decision to withdraw a criminal charge rests with the Crown Attorney, not the complainant. If a complainant recants their initial account or advises the Crown that they no longer wish to proceed, the Crown will assess whether sufficient evidence exists to continue the prosecution and whether doing so is in the public interest. A recantation may be a relevant consideration in the Crown’s decision, but it does not automatically result in the withdrawal of the charge. A criminal defence lawyer can make submissions to the Crown regarding the complainant’s position and its implications for the case.
Can I travel if I am charged with sexual interference?
Being charged with sexual interference does not automatically restrict travel, but conditions of release imposed at the bail hearing frequently include travel restrictions, surrender of a passport, or a requirement to remain within a specified geographic area. If such conditions are part of your release order, they must be complied with. A criminal defence lawyer can address the appropriateness of proposed travel conditions at the bail hearing and, where appropriate, make an application to vary those conditions at a later stage. If you have been convicted, SOIRA registration requirements impose reporting obligations when travelling, and entry to other countries, including the United States, may be affected by your criminal record.
I am not a Canadian citizen. How does a sexual interference charge affect my immigration status?
For non-citizens of Canada including permanent residents, temporary residents, and refugee claimants, a conviction for sexual interference may constitute serious criminality under the Immigration and Refugee Protection Act, which may result in a removal order. Even a summary conviction may trigger inadmissibility findings for certain immigration categories. If you are not a Canadian citizen, it is important to discuss the potential immigration consequences of your charge with your criminal defence lawyer as early as possible, so that those considerations can be incorporated into your overall defence strategy from the outset.
What is the difference between sexual interference and sexual assault?
Sexual interference (Section 151 of the Criminal Code of Canada) and sexual assault (s.271) are distinct criminal offences. The primary distinction is the age of the complainant: sexual interference requires that the complainant be under 16 years of age, while sexual assault can involve a complainant of any age. Sexual interference also requires proof that the touching was done for a sexual purpose. Notably, sexual interference carries mandatory minimum sentences and automatic SOIRA registration that do not apply universally to all sexual assault convictions. Both offences are serious criminal matters that benefit from experienced criminal defence representation.
How long does a sexual interference case typically take in Ontario?
The timeline varies depending on the complexity of the case, the court in which it proceeds, whether a preliminary inquiry is held, and whether the matter resolves before trial. Proceedings before the Ontario Court of Justice may resolve more quickly than matters that proceed by indictment before the Superior Court of Justice, where a preliminary inquiry and a full trial can extend the timeline to two or more years. Your lawyer can provide a more specific assessment once the facts of your matter have been reviewed.
Contact Pyzer Criminal Lawyers – Free Case Evaluation
Your first step is a free case evaluation with a member of our team. Your communications are treated as confidential from first contact. Solicitor-client privilege applies to confidential communications made for the purpose of seeking or receiving legal advice. There is no obligation to retain our services following the evaluation.
Our team is available 24/7, including on weekends and holidays.
✓ Available 24 hours a day, 7 days a week, including holidays ✓ Solicitor-client privilege; all discussions are fully confidential ✓ Free case evaluation, no obligation to retain ✓ Serving Toronto, Greater Toronto Area, Mississauga, Brampton, Scarborough, Hamilton, Oshawa, Barrie, Newmarket, and communities throughout Ontario
This article provides general legal information only and should not be construed as legal advice. Laws and their interpretation may change, and the application of law to specific circumstances requires professional legal assessment. If you have questions about a legal matter, please contact us for a free consultation.
Jonathan Pyzer
Jonathan Pyzer, B.A., L.L.B., is an experienced criminal defence lawyer and distinguished alumnus of McGill University and the University of Western Ontario. As the founder of Pyzer Criminal Lawyers, he brings over two decades of experience to his practice, having successfully represented hundreds of clients facing criminal charges throughout Toronto.
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