Criminal Code: Section 151
Sexual Interference
Criminal Code: Section 151
Sexual Interference
Overview
The offense of sexual touching aims to protect minors by prohibiting any form of touching for sexual purposes. It punishes anyone who, through a direct or indirect act, uses their body or an object to touch a part of the body of a person under the age of 16. Such acts are considered criminal when the perpetrator acts with the intent to satisfy their own sexual desires or to harm the sexual integrity of the child. Each case is evaluated considering the surrounding circumstances of the offense.
Legal Consequences
The victim’s consent to sexual touching cannot be invoked as a defense. The law considers that a person under the age of 16 cannot legally consent to such acts, except in specific circumstances, such as:
- In the case of a child aged 12 or 13, if the accused is less than two years older (under 14 or 15 years old, as the case may be) and is not in a position of authority or trust.
- In the case of a child aged 14 or 15, if the accused is less than five years older (under 19 or 20 years old, as the case may be) and is not in a position of authority or trust.
Thus, an adult aged 24 could not invoke the consent of a 15-year-old girl as a defense, even if she had consented.
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