Charged with Invitation to Sexual Touching
Invitation to Sexual Touching is a serious offence. Any individual facing this charge will need an experienced criminal sex defence lawyer to help them through the process. All is not lost, there are solutions. We have successfully defended a number of clients who were charged with “Invitation to Sexual Touching”.
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.
172.1 Makes it an offence to communicate by means of telecommunication with a person who is or who the accused believes is under the age of 16 years for the purpose of facilitating the commission of the offence under this section.
172.2 Makes it an offence to agree with a person or make an arrangement with a person by means of telecommunication to commit an offence under this section with a person who is or who the accused believes is under the age of 16 years.
This offence is punishable by indictment or by way of summary conviction. The Criminal Code provides for mandatory minimum jail sentences – 1 year if the Crown proceeds by indictment and 90 days if the Crown proceeds summary conviction. Mandatory registration on SOIRA (the National Sex Registry) and the Ontario Sex Registry (Christopher’s Law) follows a conviction. In addition restrictions on your freedoms after serving a jail sentence are the norm, including a term of probation, limited use of internet or digital networks, attendance at parks, community centres or any place a person under the age of 16 may reasonably be expected to be and other ancillary order.
Note: If you are in a position of trust or authority, the age extends to 18 instead of 16.
Just facing the charge of invitation to sexual touching can attract public scrutiny and negativity. It is important to restrict the publication through all legal remedies. For example, a ban on publication at a bail hearing is crucial. If convicted the ramifications are significant and include a minimum jail sentence and mandatory registration on SOIRA (National Sex Registry) and CHRISTOPHER’S LAW (Ontario Sex Registry). A probationary term after serving a sentence is common combined with court orders restricting attendance at various locations and use of the internet or digital networks. In addition there will be travel implications.
We can help
We have extensive experience defending the charge of invitation to sexual touching. We have clients found not guilty after trial. We have successfully negotiated a withdrawal of the charge. We have successfully negotiated a reduction to a lesser charge. In some cases we have been able to avoid the charge being laid altogether (where a client has called us in the investigative process). It is important that you understand the law, and how it applies to your particular circumstances. You need to know all the possible options available to you. You are an integral part of our defence team and together we can present the best legal defence possible. All is not lost, we have helped others and we can help you.