According to Section 153 of the Criminal Code, sexual exploitation constitutes the inappropriate use of power or authority to engage in sexual activities with minors. Additionally, Section 153.1 broadens this scope to include the exploitation of individuals with disabilities, emphasizing the law’s objective to safeguard vulnerable groups from mistreatment and exploitation.
Definition of Sexual Exploitation in 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.
Facing charges of sexual exploitation? Contact (855) 585-1777 for a complimentary consultation with a criminal lawyer.
Consequences and Penalties for Sexual Exploitation
The repercussions for committing sexual exploitation are substantial, mirroring the gravity of the crime. The penalties vary significantly depending on whether the crown proceeds by indictment or summary conviction.
- Indictable Offence: Ranges from a minimum of 1 year to a maximum of 14 years in prison.
- Summary Conviction: Incarceration spans from a minimum of 90 days to two years less a day.
Aggravating Factors
- Victim's relationship with the offender
- Age of the victim
- Misuse of a position of trust
- Degree of control or influence over the victim
- Nature and length of the misconduct
- Presence of threats or coercive tactics
- Impact on the victim
Summary and Indictable Dispositions Available for Sexual Exploitation
- Incarceration
- Incarceration + Probation
- Incarceration + Fine
If you are accused of sexual exploitation, consulting with a skilled criminal defence lawyer is crucial. A criminal defence lawyer can explore the particulars of your case, craft a strong defence strategy, and defend your rights throughout the judicial proceedings. Dial (855) 585-1777 now for a free consultation with a criminal lawyer.
Further Repercussions of Sexual Exploitation Convictions
Besides imprisonment, those found guilty of sexual exploitation face multiple supplementary penalties:
- National DNA Databank: A conviction necessitates the submission of DNA to a national database.
- Weapons Prohibitions: Convicts are generally barred from possessing or owning firearms.
- Access Restrictions: Courts typically restrict access to locations where minors are present, such as parks, schools, and community centres.
- Sex Offender Registration: Convicts must register with the National Sex Offender Registry under the Sexual Offender Information Registration Act (SOIRA), for a minimum of 10 years.
Potential Defence Strategies Against Sexual Exploitation Charges
Legal defences against sexual exploitation charges may vary. A common defence is the mistaken belief in the victim's age, requiring the accused to prove a reasonable belief that the victim was of legal age, substantiated by evidence of efforts to verify this. This defence is closely scrutinized, especially if the accused was in a position of trust or authority over the victim.
Other defences include questioning the credibility and consistency of the prosecution’s evidence, challenging the victim's testimony reliability, or disputing the interpretation of communications. The defence may also argue that the actions were not sexually motivated, indicating that the interactions were either platonic or professional.
Due to the complexities inherent in these cases, individuals charged with sexual exploitation should seek a seasoned criminal lawyer to effectively navigate the legal landscape and secure a just trial.
Don’t Face Your Sexual Exploitation Charge Alone
An experienced criminal defence lawyer is vital when dealing with a sexual exploitation charge. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you have been accused of sexual exploitation. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.