Sexual Assault Lawyers Toronto

Sexual exploitation (Criminal Code sections 153 and 153.1) is a crime that is committed if someone abuses or attempts to abuse a position of vulnerability, differential power, or trust, for sexual purposes.

A 16 or 17 year old cannot consent to sexual activity if their sexual partner is in a position of trust or authority towards them.

People in a position of trust or authority

Common examples of a person in a position of trust or authority can include a teacher or coach. It can also occur where the complainant is dependent on their sexual partner for care or support.

The following factors may be considered when determining whether a relationship is exploitative of the young person:

1. the young person's age
2. the age difference between the young person and their partner
3. how the relationship developed (for example, quickly, secretly, or over the internet)
4. whether the partner may have controlled or influenced the young person

Learn more about defending a sexual exploitation charge.

The offence of sexual interference makes it a criminal offence to touch a person under age 16 for a sexual purpose, with either your body or an object. (Criminal Code section 151).

What the Crown must prove

That the accused touched the complainant, directly or indirectly, with a part of the body or with an object; that the complainant was under 16; and that the touching was for a sexual purpose — meaning for sexual gratification, or to violate the complainant’s sexual integrity.

What counts as a touch

Courts read “touch” broadly. An indirect touch can qualify, and depending on the intent behind it, a kiss or an embrace can too. Inviting someone to touch themselves is not a touch — that is the separate offence of invitation to sexual touching.

Consent and age

Consent is not a defence where the complainant is under 16, except in the close-in-age situations set out in section 150.1. A mistaken belief about the complainant’s age is only a defence if the accused took all reasonable steps to find out their age.

Penalties

Up to 14 years on indictment, or two years less a day on summary conviction. The Criminal Code sets minimums of one year on indictment and 90 days on summary conviction. Courts had found the one-year minimum unconstitutional, but Parliament restored it in 2026: a judge can now impose less only where the minimum would be grossly disproportionate, and the sentence must still be imprisonment. A conviction can also lead to a Sex Offender Registry order.

The offence of invitation to sexual touching makes it a criminal offence to encourage someone under 16 to touch another person's body for a sexual purpose, with either the young person's body or an object. (Criminal Code sections 151 and 152).

No touching has to happen

Unlike sexual interference, the offence is complete as soon as the invitation, counselling or incitement is made — whether or not the young person acts on it or accepts it. An invitation can be direct or indirect, it does not have to be spoken, and inviting a young person to touch their own body is also covered.

What is not an invitation

Merely accepting something that happened, or failing to resist it, is not enough. Arranging to meet is not by itself an incitement, and a clear joke has been found not to meet the test.

What the Crown must prove

That the invitation was made for a sexual purpose, and that the accused either intended the young person to understand it as an invitation to a sexual touch, or was reckless about that. The complainant must be under 16.

Defences and penalties

The same defences apply as for sexual interference, including the close-in-age exceptions and the reasonable-steps rule on age. The penalties are the same: up to 14 years on indictment, or two years less a day on summary conviction.

In some circumstances, it is against the law to observe or record another person without them knowing about it, either in person or with a device like a video camera. This is prohibited when the person being recorded or observed has a reasonable expectation of privacy. Some (but not all) of the circumstances where hidden viewing or recording will be against the law include: (a) where the person being recorded is reasonably expected to be nude, nearly nude, or engaged in sexual activity, or (b) where the observation or recording is made for a sexual purpose. (Criminal Code section 162).

Learn more about defending a voyeurism charge.

What the Crown must prove

That the observation or recording was surreptitious; that the person had a reasonable expectation of privacy; and that one of the three circumstances above applies. The Crown must also prove the accused intended that the person not know they were being observed or recorded.

What “surreptitious” means

Done in secret or by stealth — a hidden camera is the typical example. Photographs taken openly in a public place, with a camera that was not concealed or disguised, have been found not to be surreptitious.

A reasonable expectation of privacy

Courts decide this on all the circumstances, including the location, whether the person was recorded or only observed, whether they knew or agreed, whether technology was used, who was targeted, any relationship of trust, and the person’s age. Washrooms, change rooms and bedrooms qualify, and the Supreme Court of Canada has held that students in a high school classroom can too.

Sharing a recording, defences and penalties

It is a separate offence to publish, distribute, sell or make available a recording knowing it was obtained by voyeurism. No one can be convicted where the acts serve the public good and go no further than that. Voyeurism carries up to 10 years on indictment, and can also be prosecuted by summary conviction.

It is against the law to use a computer system to communicate with a person who is under 18 for the purpose of facilitating certain sexual offences. In other words, this offence criminalizes using the Internet to communicate with underage people for the purpose of engaging in what would be illegal sex acts, e.g., using the Internet to ask a person under the legal age of consent to meet to have sex. (Criminal Code section 172.1).

What the Crown must prove

That the accused communicated by a means of telecommunication — text message, social media, an app or the phone — with someone who was, or who the accused believed was, under the relevant age, for the purpose of making it easier to commit a listed sexual offence against that person. No meeting and no sexual contact has to take place.

Undercover investigations

Many of these cases involve a police officer posing online as a young person. What matters is what the accused believed, not the other person’s real age. If the person was presented as being under age, that is proof of the accused’s belief unless there is evidence to the contrary.

Mistaken age

Believing the person was older is not a defence unless the accused took reasonable steps to find out their age.

Penalties

Up to 14 years on indictment, or two years less a day on summary conviction. The minimums of one year and six months were struck down by the Supreme Court of Canada in 2023 and restored by Parliament in 2026, with the same exception for a minimum that would be grossly disproportionate.

It is against the law to perform an "indecent act" in a public place in the presence of another person. Sex acts, such as masturbation, can fall under the definition of an "indecent act." It is also against the law to expose your genitals to a person under age 16 for a sexual purpose. (Criminal Code section 173).

Many of these sexual offences carry mandatory minimum jail sentences upon conviction, and a conviction can lead to an order placing a person on the Sex Offender Registry. Sentences are significantly higher for sex crimes against children.

Two different offences

The first is wilfully doing an indecent act in a public place in the presence of one or more people, or anywhere with the intent to insult or offend someone. The second is exposing your sexual organs, for a sexual purpose, to a person under 16 — in any place.

What the Crown must prove

For the first offence, that the act was wilful — deliberate, not accidental — and indecent in the circumstances. For the exposure offence, that the complainant was under 16 and the exposure was for a sexual purpose. The close-in-age exceptions in section 150.1 apply to the exposure offence.

Penalties

An indecent act carries up to two years on indictment, or can be prosecuted summarily. Exposure to a person under 16 carries up to 10 years on indictment with a 90-day minimum, or two years less a day on summary conviction with a 30-day minimum.