False accusations of pedophilia leading to charges for child porn, child luring, or sexual interference

It is surprisingly easy to be falsely accused of being a pedophile in Canada, particularly in circumstances involving scorned relatives and step children. Falsely calling someone a “pedophile”, without proof, is a tactic sometimes used by those seeking revenge or to gain an advantage in the family court system.

When allegations of pedophilia are made, third parties such as teachers, social workers/CAS, and the police may get involved to interview alleged victims and witnesses. Within this context, false allegations may lead to extremely serious criminal charges for child pornography, luring, or sexual interference.

While not all allegations are false, in some cases complainants and witnesses may feel compelled to embellish stories or say things that are not true out of anger, hate, or a desire to punish the accused for their grievances.

In some cases the witnesses/alleged victims may feel pressured by third parties to go along with the false allegations.

Unproven suggestions that a father or step father is a pedophile may start within the family court system where one parent is attempting to deny the other custody or access (for financial or other reasons). The accusation is often based on a third party’s observation and opinion that the accused takes a sexual interest in young adults. This can be based simply on how they feel they “look at” or “act around” certain young people.

The complaint may relate to interactions observed around prepubescent children or young adults (sometimes of legal age 18+). The term "pedophile" is often used as a common vernacular to describe what the complainant feels is an improper attraction to younger people, though this may not necessarily align with the original scientific definition of the term.

One former spouse, for example, may claim that the other always acted weird around their child’s friends or showed an interest in them sexually. This may only reflect their personal opinion or what they want other people to believe (for whatever reason motivates them to say it). Given the accepted importance of protecting children from child sexual abuse, false claims can quickly spawn further investigations leading to criminal charges, even if the accused is innocent and does not have a sexual interest in children.

Charged with child pornography, child luring, or sexual interference after being falsely called a pedophile

If the police get involved, all they need is one witness statement to move forward and charge the (sometimes innocent) accused. The most common criminal charges laid after false pedophilia accusations are child pornography (usually claiming they saw something inappropriate on the computer or phone), child luring, and sexual interference. Sexual interference is the term the Criminal Code uses for sexual assault on a child and can include anything from inappropriate sexual touching to intercourse.

Child pornography sentences start at a mandatory minimum of 6 months in custody. The mandatory minimum sentence for sexual interference is 1 year in custody. Upon release, offenders will have a criminal record for life that can never be pardoned/suspended by law. They can also be placed on conditions for the rest of their lives (restrictions on where they can go, internet usage, etc.) and have to register as a sex offender.

Crown Attorneys in Ontario usually ask for a 4 year sentence at a minimum in sexual interference cases (and sometimes much longer terms are sought). This is consistent with the recent Supreme Court of Canada ruling in R. v. Friesen, [2020] 1 SCR 424 that confirmed sexual offences against children deserve harsher penalties than those committed against adults. In that case, a 6 year sentence was upheld after the provincial court of appeal tried to reduce it.

If you have been charged with a child sexual offence and do not already have a lawyer, give us a call now for assistance.

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