What are the best defences to sexual interference and sexual touching?

>>What are the best defences to sexual interference and sexual touching?

The best defence to a sexual interference or a sexual touching charge will depend heavily on the specifics of your case. However, one common defence would be to argue that the touching was not intentional or that it was not done for a sexual purpose. One way to argue that you did not have the intent necessary for this offence would be to argue that you were intoxicated. Unlike some offences, sexual interference and sexual touching are specific intent offences which means that some amount of deliberation, foresight, and calculation motivated the criminal action. As such, if you are too intoxicated to properly deliberate your actions, you do not have the mental intent necessary to be convicted of these offences.

Another common defence is that you mistakenly believed that the complainant was old enough to consent. If you legitimately believed that the complainant had consented and that they were old enough to consent, you do not have the mental intent required to be found guilty of this offence. However, in order to raise mistaken belief in consent you will have to prove that you took all reasonable steps in the circumstance to ascertain the age of the complainant, and will have to prove that the complainant voluntarily consented. In order to assert that you took all reasonable steps to ascertain the age of complainant, you will have to show that you did something more than passively make observations that led you to believe that the complainant was of age. What constitutes ‘reasonable steps’ will be determined with reference to the perspective of the reasonable observer in the circumstance, not what you personally believed to be reasonable at the time of the offence.

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All our 30-60 minute free consultations are conducted with one of our Criminal Defence Lawyers and include the following steps:

  1. Gathering of some personal information about you, such as your level of education, occupation, and citizenship status. This information can be crucial for building your defence and seeking a resolution with the Crown Prosecutor;
  2. Careful review of all documents you received from the police. We will explain what each document is, and what you can expect from and need to do for all upcoming appearances;
  3. Critical review of your recollection of events, and any supporting materials you choose to bring with you. This step helps us identify possible defences and avenues for further investigation; and
  4. Discussion of the court process, our fee structure, and what we can do to help.

Beyond these steps, we would be happy to tell you more about us, and answer any questions you may have. If you chose to retain us to help you, we will immediately provide an overview of what steps we plan to take next, and suggestions as to what you should do to improve your chances of a successful outcome.

For the free initial consultation to be as productive as possible, you should bring (or email in advance) the following materials:

  • A written statement (preferably typed) outlining your version of events;
  • All documents that you have been given by the court or by the police;
  • Any disclosure you have received;
  • Photo ID; and
  • Any supporting documents, such as photographs, emails, texts, phone records, medical records, receipts, etc.

Ideally, you will have prepared a copy of these materials for us to keep, but if not, we can always photocopy them during the consultation.

We offer flexible payment options and structures designed to meet our clients’ individual needs. Our lawyers accept all major credit cards, bank drafts, money orders, email money transfers (e-transfers) and, of course, cash.

If you decide to retain us after the free initial consultation, all we need is a retainer (down payment) to get started. The rest of the fee payments for the case can be spaced out over time. We can set you up on a monthly or bi-monthly payment plan, and process payments over the telephone or by email to make it easy for you.

The cost of a criminal defence lawyer will depend on several factors, including:

  1. how complex your case is,
  2. how serious the charges are, and
  3. how experienced the Criminal Defence lawyer is.

The fees of a competent Criminal Defence Lawyer will typically range into the thousands of dollars. The good news is that only a fraction of that amount is due initially. We offer flexible payment schedules so thefees can be paid in monthly installments.

Additionally, we offer flat rate fees, with no hidden costs. It is our standard practice to review all the costs during the free initial consultation. This means you will know exactly what our services cost at the outset and can make an informed decision about how to proceed.