Charges of sex crimes against a minor, like annoying or molesting a child under 18, attract a lot of judgment and stigmatization on the accused person. While a significant number of the suspected persons in the case are often innocent, the evidence in court may be enough to warrant arrest. With a constant rise in reported cases of annoying or molesting a child, the authorities take allegations very seriously. So you need to find an expert criminal lawyer who will give you the best approach to handle the allegations you are facing.
Every person who annoys or molests a child under 18 years of age is guilty of a misdemeanor.
Every person who, motivated by an unnatural or abnormal sexual interest in children, engages in conduct with an adult whom he or she believes to be a child under 18 years of age, which conduct if directed toward a child under 18 years of age, is guilty of a misdemeanor.
Also, if the defendant entered a house with intent to annoy or molest a minor the defendant may be charged with a felony. Every person who annoys or molest a child under 18 after having entered, without consent, an inhabited dwelling house, or trailer coach, or the inhabited portion of any other building, is guilty a felony or a misdemeanor.
With its coming into force on 1 May 2008, the Tackling Violent Crime Act 6 raised the age of consent in Canada to 16. In general under this Act, a person below the age of 16 cannot consent to sexual activity. There are, nonetheless, “close‑in‑age” exceptions for young people aged 12 to 14 and 14 to 16, where consent to sexual activity can be valid. Consent is not a defence, however, when, for example, it is obtained by use of threats or force or when a person is incapable of giving consent. Any non‑consensual sexual activity is sexual assault regardless of the age of the people involved.
A 14 or 15 year old can consent to sexual activity as long as the partner is less than five years older and there is no relationship of trust, authority or dependency or any other exploitation of the young person. This means that if the partner is 5 years or older than the 14 or 15 year old, any sexual activity is a criminal offence.
There is also a “close in age” exception for 12 and 13 year olds. A 12 or 13 year old can consent to sexual activity with a partner as long as the partner is less than two years older and there is no relationship of trust, authority or dependency or any other exploitation of the young person. This means that if the partner is 2 years or older than the 12 or 13 year old, any sexual activity is a criminal offence.
According to the Criminal Code of Canada section 170. Every parent or guardian of a person under the age of 18 years who procures the person for the purpose of engaging in any sexual activity prohibited by this Act with a person other than the parent or guardian is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.
As per the Canadian Criminal Code, the age of consent is sixteen years old. Anyone under that age cannot legally consent to sexual activity.
Anyone who for a sexual purpose, touches directly or indirectly or with an object, a part of the body of someone under the age of consent is committing a crime and looking at a minimum sentence of one year in jail and a maximum of fourteen years. The same penalty applies to anyone who invites, counsels, or incites someone under sixteen to touch someone’s body part for sexual purposes.
It also applies if a person touches or incites someone under the age of sixteen to engage in sexual touching when he or she is in a position of authority and the young person is in a dependent position or where the nature of the relationship could be construed as exploitative. The only possibility of a lesser sentence is if the offender gets a summary conviction, which is considered less serious and reduces the sentence to a minimum of ninety days and a maximum of two years.
Once you have been accused in court for annoying or molesting a child, the prosecutor must prove the following:
An innocent interaction with a minor could result in a charge for annoying or molesting a minor. The offense could arise, for example, if you pose a sexual question to a child that would reasonably offend another person or the child. When you direct this annoying or disturbing behavior towards a child or a group of children, then you are guilty of annoying or molesting a minor.
The offense differs from other sex crimes that require you to make physical contact with the victim.
Sexual assault is a serious crime in Canada. The mere stigma of being accused of a sexual assault charge can irreparably damage a person’s reputation. You can’t afford to take a chance guessing at whether you have chosen the right lawyer to defend you. That is why you should hire a reputable Criminal Lawyer to help you fight the charges.
The very first step of bringing client onboard is to have a no obligation consultation.
Then comes the evaluation of the situation. And building the case background.
After building the whole case, now is the time to fight it in the court.
As we fight the case, we keep on collecting more information to support the case.