Sexual exploitation involves the abuse of a position of trust or authority to engage in sexual acts with a minor.
Sexual Exploitation: Criminal Code Definition
Sexual exploitation is defined under Section 153 of the Criminal Code.
153 (1) Every person commits an offence who is in a position of trust or authority towards a young person, who is a person with whom the young person is in a relationship of dependency or who is in a relationship with a young person that is exploitative of the young person, and who
(a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person; or
(b) for a sexual purpose, invites, counsels or incites a young person 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 young person.
Elements of Sexual Exploitation
- The identity of the accused.
- The date and location of the incident.
- That the accused was in a position of trust, authority, or a relationship of dependency with the complainant.
- That there was intentional touching or invitation to touch.
- That the touching or invitation was of a sexual nature.
- That the complainant was a young person (16-17 years old) or a person with a disability.
- That the touching or invitation was for a sexual purpose.
Potential Penalties for Sexual Exploitation
- Summary Conviction: Up to 2 years less a day in prison.
- Indictable Offence: Up to 14 years in prison.
- Mandatory Minimum: 90 days for summary conviction, 1 year for indictable offences.
Click here to learn more about the potential penalties for sexual exploitation.
Defences Available for Sexual Exploitation
- Consent (for cases involving persons with disabilities)
- Mistaken belief of age (if reasonable steps to ascertain age were taken)
- Alibi
- Insufficient evidence
- Charter violations
Click here to learn more about the potential defences available for sexual exploitation charges.
Speak to a Criminal Lawyer Today
Sexual exploitation charges can have profound implications. Engaging a criminal lawyer who understands the complexities of these cases is crucial. Call (855) 585-1777 to discuss your case and options.
