The provision of sexual services for remuneration, in money or in any form whatsoever, is not in itself criminalized. The person who is a prostitute does not therefore commit a criminal offense. In particular, it enjoys immunity from criminal charges for advertising its own services (section 286.5 Cr.C.). Nevertheless, it will still contravene the law if it offers its services in a public place, or in a place close to a daycare, school or playground (article 213 (1.1) Cr.C.). It is also forbidden to obstruct traffic on the public highway or to stop a motor vehicle to offer its services (article 213 (1) C.cr.).
The Criminal Code provides that it is the obtaining of sexual services that constitutes a criminal offense (section 286.1 Cr.C.). Indeed, the person who solicits such services (the client) incurs criminal responsibility even if the person who provides them can not be charged. For this purpose, mere communication for the purpose of obtaining sexual services may be sufficient for the criminal act to be perpetrated, whether sexual services have actually been used or not. This is called solicitation for the purpose of prostitution. The accused person is liable to imprisonment for up to five years and a fine of up to $ 1,000 for a first offense (section 286.1 (1) Cr.C.). Subjecting to either of these sentences will necessarily result in an offender’s criminal record.
In addition, the fine may be doubled if the offense is committed in a public place or near a place where it can be expected that there are persons under eighteen years of age. (section 286.1 (1) (a) (i) and (b) (i) Cr.) This will be the case where the place is located near a park, school or religious institution. The fine may also be increased in this way if the offender is a repeat offender (section 286.1 (1) (a) and (b) Cr.C.).
When the sexual services of a person under the age of eighteen are solicited, a minimum sentence of imprisonment of six months is provided for even if it is a first offense (section 286.1 ( 2) a) C.cr.). Not to mention that due to an age difference exceeding that allowed by the Criminal Code for the ability to consent to sexual contact (section 150.1 Cr.C.), charges of sexual assault could also be laid against the accused (Articles 151-153, 271-273 C.cr.).
In the event that the communication for the purpose of obtaining sexual services from a minor occurs through a means of telecommunication, whether directly with her (section 172.1 (1) (a)). cr.), or with another individual involved (section 172.2 (1) (a) Cr.C.), additional criminal charges may be added. Among other things, it would be considered as such telephone conversations, and conversations via the Internet, whether in the form of chat or broadcast images or sounds by webcam.
In addition, a person who obtains sexual services from a minor abroad may be prosecuted and sentenced in Canada as if the offense had been committed (section 7 (4.1) Cr.C.). Sexual tourism to minors is thus an exception to the principle that a person can not be prosecuted here for a crime committed outside the country.
The defenses against the accusation of having retained the services of prostitution are numerous: did the accused really solicit the peripatetic practitioner, was there any sexual service performed? Is there any doubt about the identity or intentions of the accused? And many other defense.
Our criminal lawyers know that each file is unique. They will analyze the evidence against you in a meticulous way to advise you on the best possible avenues in your situation. Given the seriousness of the possible consequences of a sexual charge, it is in your best interest to choose a lawyer you trust.
