What Is Invitation to Sexual Touching Under Ontario Law?
Invitation to sexual touching is defined under Section 152 of the Criminal Code of Canada as the act of inviting, counseling, or inciting a minor under the age of 16 to engage in sexual activity, whether directly or through communication. This offense applies even if no physical contact occurs, and it can involve digital communication, in-person interactions, or third-party involvement.
Common Invitation to Sexual Touching Offenses
- Verbal or Written Invitations: Asking a minor to engage in sexual activity through conversation, messages, or emails.
- Online Solicitation: Using social media, chat rooms, or other digital platforms to encourage sexual contact.
- Encouraging Sexual Activity with a Minor: Inciting or pressuring a young person to engage in a sexual act.
- Sending Explicit Materials: Sharing suggestive images or messages as part of an invitation to engage in sexual activity.
- Grooming for Future Sexual Contact: Establishing a relationship or trust with a minor to initiate inappropriate interactions.
Your Rights When Facing Invitation to Sexual Touching Charges
If you are charged with invitation to sexual touching, you have important legal rights, including:
- Presumption of Innocence: You are innocent until proven guilty beyond a reasonable doubt.
- Right to Legal Representation: You have the right to consult with a lawyer before making any statements.
- Right to Remain Silent: You are not required to answer police questions beyond providing basic identification.
- Right to a Fair Trial: You can challenge the charges, present evidence, and cross-examine witnesses.
Why Choose Kozyrev Law P.C. for Invitation to Sexual Touching Cases?
Extensive Experience in Criminal Defense
Our legal team has successfully defended clients facing complex and serious criminal charges, including invitation to sexual touching. We understand the severe consequences of a conviction and are committed to providing a strong legal defense.
Personalized Defense Strategies
We develop customized defense strategies based on factors such as:
- The nature of the communication or alleged invitation.
- Whether the allegations stem from false or exaggerated claims.
- The intent and context of the alleged behavior.
- Challenging digital and forensic evidence presented by the prosecution.
Thorough Investigations
We conduct a detailed review of your case, including:
- Examining police reports and digital communication records.
- Reviewing forensic evidence related to online or electronic messages.
- Challenging the validity of witness statements and investigative methods.
Aggressive Court Representation
Whether negotiating with prosecutors or representing you in court, we fight aggressively to protect your rights and seek the best possible outcome for your case.
Steps in Handling an Invitation to Sexual Touching Case
Step 1: Free Consultation
During your free consultation, we will:
- Review the charges against you.
- Assess potential defense strategies.
- Provide a clear roadmap for your case.
Step 2: Evidence Gathering
Our team will collect and analyze key evidence, including:
- Police reports and digital forensic evidence.
- Witness statements and electronic communication records.
- Any procedural errors or rights violations.
Step 3: Pre-Trial Negotiations
We will negotiate with the prosecution to seek a reduction or dismissal of charges whenever possible.
Step 4: Trial Representation
If your case goes to trial, our experienced lawyers will build a strong defense, challenge the prosecution’s evidence, and advocate for your best interests.
Challenges in Invitation to Sexual Touching Cases
False Allegations and Misinterpretations
In some cases, individuals may be falsely accused due to:
- Misinterpretations of digital messages or online communications.
- Relationship disputes or personal conflicts.
- Exaggerated or fabricated allegations motivated by revenge or legal disputes.
We work to expose false accusations by presenting evidence that contradicts the prosecution’s case.
Lack of Proof or Intent Issues
The prosecution must prove beyond a reasonable doubt that the accused knowingly invited a minor to engage in sexual activity. We challenge their case by:
- Presenting evidence of misinterpretation of messages or conversations.
- Demonstrating inconsistencies in the complainant’s statements.
- Questioning the credibility of digital evidence, such as text messages or emails.
Violation of Rights
If law enforcement violated your Charter Rights, such as conducting an unlawful search or failing to provide legal counsel, we can argue for the exclusion of evidence or case dismissal.
Frequently Asked Questions About Invitation to Sexual Touching Cases
What Are the Penalties for Invitation to Sexual Touching in Ontario?
Penalties depend on the severity of the offense and prior criminal history, and may include:
- Summary Conviction: Up to 18 months in jail.
- Indictable Offense: Up to 14 years in prison.
- Additional Consequences: Mandatory sex offender registration, probation, and social stigma.
Can Invitation to Sexual Touching Charges Be Dropped?
Yes, charges may be withdrawn or dismissed if:
- There is insufficient evidence to support the charges.
- The prosecution determines there is no reasonable prospect of conviction.
- The accused was wrongfully identified or falsely accused.
What Should I Do If I Am Arrested for Invitation to Sexual Touching?
- Remain Silent: Do not make statements to the police without a lawyer present.
- Request a Lawyer: Contact an experienced criminal defense lawyer immediately.
- Avoid Contact with the Complainant: Bail conditions may prohibit communication with the alleged victim.
Can Digital Evidence Be Used in an Invitation to Sexual Touching Case?
Yes, text messages, emails, and social media activity can be used as evidence in court. We analyze all digital evidence to build a strong defense and identify potential technical errors or unauthorized access.
Protecting Your Rights in an Invitation to Sexual Touching Case
- Seek Legal Counsel Immediately: Contact a lawyer as soon as possible to protect your rights.
- Preserve All Evidence: Collect and safeguard any documentation related to your arrest.
- Avoid Self-Incrimination: Refrain from discussing your case with anyone other than your lawyer.
- Follow Legal Procedures: Adhere to court orders and deadlines to avoid additional penalties.
Contact Kozyrev Law P.C. Today
If you are facing invitation to sexual touching charges in Toronto, Kozyrev Law P.C. is here to help. Our experienced legal team will fight to protect your rights and provide strong, compassionate support every step of the way.
Phone: (416) 900-0933
Email: info@kozyrevlaw.ca
Location: Serving clients across Toronto and the Greater Toronto Area
Take the first step toward defending your freedom. Contact Kozyrev Law P.C. today for a free consultation and let us help you through this challenging time.