Canadian Criminal Sentencing/Offences/Sexual Interference

Application
For general principles for sexual offences see Canadian Criminal Sentencing/Offences/Sexual Offences

Principles
It is an aggravating factor for the offender to have been in a position of trust. A position of trust is distinctive from a position of authority and will be determined on the specific facts including the conduct of the offender.

Unless there are exceptional circumstances, the range of sentence for sexual intercourse with a child by a person in a position of trust is 3 to 5 years.

Factors
Aggravating Factors
 * Youthful age of Victim
 * degree of vulnerability of victim (inarticulate, easily manipulated, disabled)
 * significant gap in age between parties
 * offender in a position of trust or authority to victim
 * manner of interference (attempted acts, kissing, touching outside of clothes, touching inside of clothes, digital penetration, oral sex, full intercourse)
 * number of instances of interference
 * duration of each instance

Mitigating Factors
 * Youthful offender
 * guilty plea (early or late, saved resources)
 * prior record (related or unrelated)

Ancillary Orders

 * DNA Orders
 * SOIRA Orders (Mandatory)
 * 161 Order

Offence-related Probationary Terms

 * No contact with victim
 * No contact with persons under age of 16
 * Treatment/Counselling
 * No alcohol or drugs (if facts involve them)

History
On August 9, 2012, the section was amended to increase the penalties from 45 days for indictable and 14 days for summary to one year and 90 days respectively.