Sexual Interference Defence Lawyer in Kingston

We defend sexual interference charges (CC s. 151) laid by Kingston Police.

Adults who are alleged to have sexually touched someone under the age of 16 will be charged with sexual interference under s. 151 of the Criminal Code.

If the alleged sexual acts on a child took place in Kingston, Kingston Police (KP) will lay the charges. Those charged with sexual interference by KP will receive a court date at 279 Wellington St South, Kingston, ON. First appearances are usually held in room 2. This information will be printed on the Undertaking (Form 10) or Release Order (Form 11) provided to the accused.

Sexual interference is one of the most harshly punished offences in the Criminal Code.

If found guilty, the accused will be sentenced to a mandatory minimum of 90 days in jail, but Kingston Region Crown Attorneys often seek prison sentences in the 4 - 6 year range even for first time offenders if intercourse or digital penetration occurred. In addition to sex offender registration, the accused will receive a criminal record and may be placed on conditions for the rest of their life. Non-Canadian citizens will normally be deported by IRCC if sentenced to 6+ months in jail.

Anyone charged with or investigated for sexual interference should hire a criminal defence lawyer immediately to represent them. The only evidence the police need to lay the charges is a witness statement saying that the sexual touching of an underage person occurred (with or without consent). There is no statute of limitations or time limit in sexual interference cases. Historical allegations are common as charges can be laid at any time.

Sexual interference is codified in s. 151 of the Criminal Code, which reads:

Sexual interference

151 Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.

How does a criminal lawyer defend sexual interference charges in Kingston court?

All it takes is one person to allege that sexual interference took place for Kingston Police to lay charges. A person can be charged and jailed based on an allegation alone if believed in court. Hiring a criminal defence lawyer who is skilled in cross examination is extremely important.

In cases where a false complaint has been made and the accused is innocent, their defence lawyer must try to raise reasonable doubt through a careful cross examination, which may uncover:

1. Inconsistent statements


2. Missing parts to the story and things left out (perhaps intentionally)


3. Incorrect dates, times, and other corroborating information


4. A changing, evolving, or self serving story (perhaps after speaking to an influential third party)


5. Motivations to lie or embellish (money, anger, etc)

There are many ways defence counsel can show to the court through cross examination that what is being alleged does not make sense and therefore could not have happened.

The Crown may seek to have evidentiary inaccuracies overlooked.

Child testimony is known to often be imperfect. The Crown may try to portray errors and inaccuracies in their testimony as a reflection of their age and immaturity when in fact they are indications that they are not telling the truth. Other leniencies are also provided in Kingston court to alleged child victims, such as allowing them to testify via video from a different room leaving defence counsel to conduct their cross examination via a CCTV screen.

A good criminal lawyer must work to overcome these challenges and demonstrate through the cross examination process that the evidence being provided lacks credibility and reliability. While a lot of deference is given to alleged child sex crime victims in court, they may still make statements or provide answers that are not logically possible, seem embellished, obviously untrue, etc.

Sometimes child complainants will admit to lying on the stand and provide reasons for doing so (such as being pressured or influenced by a parent or other third party).

When someone is suspected of being a pedophile, it is very easy for “concerned parties” to get involved and make unfounded claims without evidence.

Sometimes someone is suspected of being a pedophile, rightly or wrongly, and without proof a third party takes action to fabricate a story to get them charged. They may be so intent on having the person stop what they think they are doing (without proof) that they make up a story to get the police to lay charges.

For example, an adult male who spends a lot of time with his step daughter, family friend, or anyone else under age 16 may find themselves charged as a result of people assuming that something sexual must be happening. Even if the child denies anything is wrong, a parent or concerned adult third party may try to convince the police to lay charges by fabricating a story themselves. Sometimes the child is also influenced to go along with the false allegation.

Why do complainants sometimes lie in child sexual abuse cases?

Children and adults may lie for different reasons. An adult may fabricate a story of being sexually touched as a child because they intend on suing civilly for sexual abuse (perhaps for millions of dollars). A child may have been instructed to lie, or be taught to believe something happened that didn’t, by a disgruntled parent or other authority figure who wants the accused charged for their own personal reasons (revenge, family court, etc.).

There are many reasons why someone may be falsely accused and charged with sexual interference in Canada. Common motivations for false charges include:

1. To gain an advantage in family court for custody, access, child support, etc.


2. To pursue a civil lawsuit against the accused for financial compensation for sexual abuse (potentially for millions of dollars).


3. For anger, revenge, or otherwise in response to hostile feelings towards the accused.

Sometimes the motive for a false allegation becomes evident during cross examination. If the court is left with reasonable doubt at trial, the accused will be acquitted. In some cases, the Crown may agree to withdraw or drop the charges prior to trial if the defence is able to convince them there is no reasonable prospect of conviction during the Crown (CPT) or Judicial (JPT) pretrial stages.

If you or someone you are looking to help has been charged with sexual interference, give us a call today at 647-228-5969 for a free case evaluation and quote.

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You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with sexual offences throughout Ontario, Canada.

Have a skilled criminal lawyer who focuses on sexual interference defence law in Kingston court protect you and your future from the stigma and consequences of a criminal record and conviction.

Are you a lawyer? If you are defending a criminal case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

*2024 Results: the percentage of 99% of clients avoiding a criminal record (conviction) stated on this page is based solely on Lawyer Mark Zinck's personal representation of approximately 2000 criminal defence case clients as of the year 2024. Past results are not necessarily an indication of future results.

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