How Is Sexual Assault Different From Sexual Interference in Canada?

Sexual Assault is one specific type of assault, in which an offender touches or threatens or uses coercion or blackmail to touch another person in a sexual manner or with a sexual intent without that person’s consent.

Sexual Interference is one specific type of Sexual Assault. Sexual Interference is the touching of another person in a sexual manner or with a sexual intent with your body or an object and the person being victimized is under the age of 16. Touching someone under 16 in a sexual manner or with a sexual intent includes a long list of sexual activities and does not refer only to sexual intercourse.

The age of consent in Canada is 16 years old. The law presumes that anyone under the age of 16 does not have the wherewithal to consent to sexual activity, and that is why Sexual Interference is a different offence than Sexual Assault.

In Canada, sex crimes are considered particularly reprehensible and are vigorously prosecuted by the Crown. Following conviction for a sex crime, sentences can be harsh, communities are outraged, and offenders will wind up on the sex offender registry governed by SOIRA, the Sex Offender Information Registration Act.

Because of the severity of the penalties and the enduring social stigma, it is particularly important to engage a criminal defence lawyer who specializes in criminal law if you are arrested or charged with a sexual offence. If you believe that you are suspected of Sexual Assault or Sexual Interference, we recommend that you retain a lawyer and speak to your lawyer before answering any questions by the police.

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients.

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.