647-228-5969
Home  |  FAQ  |  Terms  |  About  |  Contact    

Toronto Sexual Exploitation Charges Lawyer

Sexual exploitation charges lawyer

Adults can be charged with sexual exploitation for sexual activity with 16 or 17 year olds under Section 153 (1) of the Criminal Code.

The law is somewhat gray in Canada as to what the age of consent actually is. While 16 is the technical age of consent in Canada, the Criminal Code allows the police to charge and the courts to convict adults (18+) for sexual activity with anyone under the age of 18 in certain circumstances.

The potential punishments are the same as for sexual interference (minimum 90 days jail, maximum 14 years prison, sex offender registration, lifelong s. 161 prohibition orders) when the complainant is aged 16 - 17. While the technical age of consent in Canada is 16, the safe age is 18 as there are many ways for the police to claim the accused was in a position of trust and charge them with sexual exploitation under s. 153 (1).

Section 153 (1) of the Criminal Code states:

153 (1) Every person commits an offence who is in a position of trust or authority towards a young person, who is a person with whom the young person is in a relationship of dependency or who is in a relationship with a young person that is exploitative of the young person, and who

      (a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person; or

      (b) for a sexual purpose, invites, counsels or incites a young person 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 young person.

A defendant may think they are not in a position of trust, but it is a lot easier for the courts to deem this to be the case than most people think.

While individuals such as teachers, police officers, nurses, doctors, dentists, parents and step parents, counsellors, coaches, and so many others are obviously in a position of trust and/or authority towards a 16-17 year old, the statute is broad and even those who do not meet such obvious definitions will fall under it. A 30 year old unemployed guy in a park who introduces himself and starts a sexual relationship with a 17 year old could definitely be charged with sexual exploitation if she or someone else makes a complaint to the police.

Section 153 (1.2) spells out very broad criteria upon which someone aged 18+ could be charged for sexual activity with a 16 - 17 year old because of an inference of sexual exploitation. The law reads as follows:

Inference of sexual exploitation

153 (1.2) A judge may infer that a person is in a relationship with a young person that is exploitative of the young person from the nature and circumstances of the relationship, including

      (a) the age of the young person;

      (b) the age difference between the person and the young person;

      (c) the evolution of the relationship; and

      (d) the degree of control or influence by the person over the young person.

Definition of young person

153 (2) In this section, young person means a person 16 years of age or more but under the age of eighteen years.

It is important to note that while these listed conditions are very broad based. The Criminal Code has given the courts basically full discretion to assess each case on a case by case basis. The safe age of consent in Canada is effectively 18, not 16.

If the accused met the complainant online this can be used as evidence to support a sexual exploitation charge

As of 2020, the most common way people meet sexual partners in Canada is online. It is important to note that Sexual Exploitation (Section 153 (1)) is a listed offence under the Luring a child section of the Criminal Code (Section 172.1) along with any other child related sexual offence.

Given that the “evolution of the relationship” is a specifically listed factor for the courts to consider in convicting someone of sexual exploitation charges, any adult who meets a child over the internet who is 16 - 17 years old is taking an extreme risk that their behaviour will be deemed sexual exploitation by the courts.

Please see our page on luring a child charges for more information on that separate and often included offence.


Call us today for a free case review

You need lawyers who understand technology, witness cross examinations, Charter applications and have experience defending sexual exploitation related charges. Sexual exploitation 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.


    call us: 647-228-5969

    contact@torontochildpornlawyer.ca


  call us: 647-228-5969

  contact@torontochildpornlawyer.ca

Your case will be defended by a fully licensed Practicing Lawyer of the Law Society of Ontario. For more information about our lawyer, click here.

We provide our clients with:
  • 2020 constitutional and technological child porn defences successfully used throughout Canada and the U.S.
  • Flat fee pricing
  • U.S. travel advice and information
  • Help with related immigration issues
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • Lawyer/client privilege
  • Experienced, focused counsel


* Please note:

If you are not a paying client, we cannot answer questions and provide assistance with US travel, immigration, employment background checks, and avoiding a criminal record. This includes those who have already retained other counsel and those whose cases have already been completed.

We only can take calls/emails relating to GTA area cases. Please see our FAQ for a listing of the courthouses we service.

Are you a lawyer? If you are defending a child sexual exploitation 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.


         

Prefer to reach us via email?
Fill out the below form:


Name (required):

Telephone:

Email (required):

City/Town:

Province:


Case Details (required):





  More Information:


  We provide:
  • 2020 constitutional and technological sexual exploitation defences successfully used throughout Canada and the U.S.
  • Flat fee pricing
  • U.S. travel advice and information
  • Help with related immigration issues
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • Lawyer/client privilege
  • Experienced, focused counsel
  We provide:
  • 2020 constitutional and technological sexual exploitation defences successfully used throughout Canada and the U.S.
  • Flat fee pricing
  • U.S. travel advice and information
  • Help with related immigration issues
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • Lawyer/client privilege
  • Experienced, focused counsel