Invitation to sexual touching charges lawyer

It is an offence under Section 152 of the Criminal Code to counsel, invite, or incite a person under the age of 16 to touch their own or someone else’s body directly or with an object for a sexual purpose.

Invitation to sexual touching is a charge often included with other child sex offences such as sexual interference, child luring and child pornography. The invitation could be made over the phone, text message, social media, or in person. A person can be charged with this offence regardless of whether any actual physical contact or sexual activity ever took place.

Invitation to sexual touching carries a maximum punishment of 14 years in prison and a minimum punishment of 90 days in jail. Those convicted will have a criminal record for life that is not eligible for a records suspension (pardon), may have to register as a sex offender for up to life and be banned from attending parks, pools, and other places children may be present for up to the rest of their life.

The incitement to touch can relate to anyone's body

The body incited to be touched could be that of the child themselves, a third party, or the accused. For instance, if the accused encounters two underage girls on Omegle and suggests they each other in a sexual way, this would be sufficient for being charged under Section 152 for inviting sexual touching. Many people make the mistake of thinking this offence relates specifically to cases where the accused asks or incites a young person to touch them sexually. It relates to touching anyone sexually. Even asking the young person to touch themselves sexually would be enough to make out the elements of this offence.

Lawyer defence strategies for invitation to sexual touching charges

Like most child sexual offences, it is defended by challenging the legitimacy of the complainant’s statements and motivations for making them, the authenticity of the infringing remarks, the identity of who was responsible for making them, the accused’s reasonable belief as to the age of the complainant, the technology linking the accused to the statements if any, and whether the police investigation contained any Charter breaches both in the treatment of the accused and in the gathering of evidence (statements, computer and phone searches, warrants, etc.).

These cases are sometimes matters of “my stepfather told me to do this” directly, at which case the truthfulness of that claim is at issue (and there can be many reasons for it to be false), or more commonly in 2020 relating to something allegedly said over the internet which itself has many elements that can be challenged.

The police will often try to convice the accused to confess or make incriminating statements

As with most criminal offences, and in particular sexual offences, the accused’s statements made to the police and third parties often form a large part of the case against them. Internet offences in particular are very hard to prove without an admission of guilt, device use, access to a certain device, being present in a home where the device was present, etc.

For this reason, the police will immediately offer the accused the opportunity to give them his side of the story. The pressure for an accused or someone under investigation to talk can be tremendous. The police will often say this is their only chance to give their side of the story (try to talk themselves out of it). In reality, the suspect is talking themselves into the charge and a conviction in most cases.

The police may need the accused to talk before they can charge them

The police may have virtually no evidence other than the statement of one witness prior to the accused admitting to it and giving their excuses for what happened thinking it will help them. These statements can sometimes be excluded into evidence if they are not obtained correctly in accordance with the Canadian Charter of Rights and Freedoms.

While it is natural for a suspect to try to explain and give excuses for their actions, this is often simply an admission of guilt. They are essentially a confession to the crime in most cases.

Invitation to sexual touching is a mandatory minimum jail sentence offence.

Invitation to sexual touching is codified in Section 152 of the Criminal Code of Canada which reads as follows:

152 Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the 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 14 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 two years less a day and to a minimum punishment of imprisonment for a term of 90 days.

A Judge cannot sentence anyone found guilty to anything less than 90 days in jail. If the Crown Attorney proceeds by indictment (which they usually do) the minimum sentence is one year in jail. Convicted offenders are also considered child sex predators in jail and targets for physical abuse from other inmates. This includes being subject to the intentional infection of HIV and Hepatitis C.

In addition to the mandatory minimum terms of imprisonment the accused will also face a lifetime criminal record that cannot be pardoned, may have to register as a sex offender for life, and is subject to a Section 161 order for up to life preventing them from going to pools, parks, and any other place children under the age of 16 may be present.

Those charged with this crime are also often charged with sexual interference, luring a child, and child pornography.


Call us today for a free case review
You need lawyers who understand technology, witness cross examinations, Charter applications and have experience defending invitation to sexual touching related charges. Invitation to sexual touching sentences (including for all guilty pleas) result in mandatory lengthy jail terms, sex offender registrations, and other employment, travel, and immigration related consequences that can ruin your life.

Winning acquittals and withdrawn charges often requires more than traditional defence methods. It may be possible to avoid a conviction by raising doubt in your case using highly sophisticated technological and constitutional defence strategies.





Are you a lawyer? If you are defending a invitation to sexual touching related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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