Canadian Criminal Sentencing/Offences/Sexual Interference

From Wikibooks, open books for an open world
Jump to: navigation, search
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. Discharge (730)

Suspended Sentence (731(1)(a))
Fine (734)
Fine + Probation (731(1)(b))
Jail (718.3, 787)
Jail + Probation (731(1)(b))
Jail + Fine (734)

Conditional Sentence (742.1)
Minimum 90 days jail
Maximum 18 months jail or $5,000 fine
Indictable Dispositions
Avail. Disp. Discharge (730)

Suspended Sentence (731(1)(a))
Fine (734)
Fine + Probation (731(1)(b))
Jail (718.3, 787)
Jail + Probation (731(1)(b))
Jail + Fine (734)

Conditional Sentence (742.1)
Minimum 1 year jail
Maximum 10 years jail
References
Offence Elements
Sentence Principles
Sentence Digests
Comments
DNA primary designated offence

SOIRA designated offence

DO/LTO primary designated offence

Legislation[edit]

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 10 years 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]

For general principles for sexual offences see Canadian Criminal Sentencing/Offences/Sexual Offences

Principles[edit]

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.[1]

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.[2]


  1. Audet 1996 CanLII 198 (SCC), [1996] 2 SCR 171
  2. R. v. W.W.M., [2006] O.J. No. 440, 2006 CanLII 3262 (ON CA) at para 14

Factors[edit]

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]

Offence-related Probationary Terms[edit]

  • No contact with victim
  • No contact with persons under age of 16
  • Treatment/Counselling
  • No alcohol or drugs (if facts involve them)

History[edit]

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]