Sexual contact

Offences involving sexual contact are defined in Sections 151 to 153 of the Criminal Code of Canada. Sexual contact means sexual acts and gestures performed on a minor.

The offence of sexual contact makes it criminal to touch in any sexual way a person of less than 16 years of age (Section 151 Criminal Code), whereas the offence of inciting to sexual contact does not require that any actual contact take place, but only an invitation that a sexual gesture be performed (Section 152 Criminal Code). Finally, Section 153 of the Criminal Code forbids any sexual contact with a person under 18 years of age when the author of the action is in a position of authority over the minor.

The Criminal Code and the courts interpret sexual contact broadly. It can be a simple massage or kissing, for instance, but what matters is determining whether or not there was a sexual intent or sexual gratification underlying the action. Even contact performed indirectly with an object or an action that the defendants asked the plaintiffs to do to themselves may be included in this definition.

As for Section 153 of the Criminal Code, the matter of determining if a person is in a position of authority depends on the specific case, on  the type of relationship between the parties (trust, dependence, exploitation) and on the way the authority could be perceived by the plaintiff.

Please note that error as to the victim’s age does not constitute a defence, unless the defendant took reasonable measures to make sure that the plaintiff was of legal age.

These charges involve a minimal sentence of 90 days in prison when the defendant is found punishable by summary conviction. There are certain negotiation strategies that make it possible exceptionally to avoid this minimum sentence.