Sexual Offences

There are a number of offence that fall under the general category of sexually based offences. This area of offences is often extremely complex with various motives needing to be explored. It is not unusual for these types of charges to be tied up with ongoing family court matters.

Sexual Assault

Is an assault that is committed in circumstances of a sexual nature such as to violate the sexual integrity of a person. The test of a sexual nature is an objective test based on the particular circumstances of the incident. Groping and grabbing can constitute a sexual assault as can kissing someone against their will. It is the absence of consent which makes an act illegal for simple assault matters.

Aggravated Sexual Assault

Similar to aggravated assault, aggravated sexual assault involves the wounding, maiming, disfiguring, or endangering of life of another person while committing a sexual assault.

Sexual Interference

Is the touching, directly or indirectly, for a sexual purpose, with an object or any part of their body any part of the body of a person under the age of 16. There are specific age qualifiers with this offence which may provide a defence. As this is a specific intent offence intoxication may also provide a defence. This offence has a mandatory term of imprisonment attached to any finding of guilt (14 days if proceeded summarily and 45 days if proceeded by indictment). The age requirement for this offence was recently increased to age 16 from 14.

Invitation to Sexual Touching

Is, for a sexual purpose, inviting, counseling, or inciting a person under the age of 16 to directly or indirectly, with a part of the body or an object, the body of any person, including the body of the person who invites, counsels, or incites and the body of the person under 16. This offence also carries the same mandatory minimum sentences as the offence of sexual interference.