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Defences Against Sexual Interference and Sexual Touching Charges

Lawyer Monthly 4 min read

If you are charged with either of these offences, it is important to understand the legal process and the best defences available to you. Fortunately, Igor Vilkhov is the principal lawyer and founder of Vilkhov Law Professional Corporation, and he has the experience and knowledge to help you develop the best defences to sexual interference and sexual touching charges.

What is Sexual Interference?

Sexual interference is defined in the Criminal Code as the touching, directly or indirectly, of any part of the body of a person under the age of 16 years for a sexual purpose. It is important to note that the act of touching must be intentional and no skin-to-skin contact needs to have occurred. For example, touching someone through their clothing can still constitute sexual interference.

What is Sexual Touching?

Sexual touching is defined as the touching of any part of the body of a person, directly or indirectly, without their consent. This definition is broader than sexual interference in that it covers any person of any age, not just those under 16. This means that if someone touches another person without their consent, they can be charged with sexual touching.

Possible Defences Against Sexual Interference and Sexual Touching

Igor Vilkhov is the principal lawyer and founder of Vilkhov Law Professional Corporation and he has the experience and knowledge to help you develop the best defences against sexual interference and sexual touching charges. Some of the possible defences that may be available to you include:

1. Consent: In some cases, it may be possible to argue that the alleged victim consented to the touching. However, it is important to note that consent can only be given if the person is of legal age and can give consent.

2. Mistake: Another possible defence is that the accused mistakenly believed that the alleged victim had consented to the touching. This is known as a “mistake of fact” defence and can be used if the accused can show that they reasonably believed that the alleged victim had consented to the touching.

3. No sexual purpose: It is also possible to argue that the touching did not have a sexual purpose and was therefore not an act of sexual interference. To successfully make this argument, the accused must be able to show that the touching was not done with a sexual purpose and was instead done for some other purpose.

When you are charged with either sexual interference or sexual touching, it is important to understand the legal process and the best defences available to you. Igor Vilkhov is the principal lawyer and founder of Vilkhov Law Professional Corporation and he has the experience and knowledge to help you develop the best defences to sexual interference and sexual touching charges. With the right legal representation, you may be able to avoid a conviction and protect your rights.

 

The Importance of Early Legal Advice and Case Strategy

If you are facing allegations related to sexual interference or sexual touching, obtaining legal advice as early as possible can make a significant difference in the outcome of your case. Early legal involvement allows for proper evidence review, witness interviews, and development of a strong defence strategy before positions become fixed. In many cases, early intervention can also help prevent mistakes during police questioning or investigations that could later be used against you in court.

Every case is unique, and successful defence strategies depend on the specific facts, available evidence, and legal issues involved. A strong legal defence may involve examining the credibility of witnesses, reviewing digital or forensic evidence, assessing whether proper investigative procedures were followed, and determining whether Charter rights were respected throughout the investigation process. In some situations, charges may be reduced or withdrawn if there are weaknesses in the evidence or procedural errors.

Working with an experienced defence lawyer such as Igor Vilkhov can help ensure that your rights are protected from the earliest stages of the legal process. Through Vilkhov Law Professional Corporation, clients receive guidance on court procedures, potential outcomes, and the most effective legal strategies based on their specific circumstances.

Being charged with a criminal offence can be overwhelming and stressful, but strong legal representation can help you understand your options and make informed decisions. With the right defence approach and legal support, it may be possible to challenge the evidence, negotiate favourable resolutions, or successfully defend the charges at trial. Seeking professional legal guidance as soon as possible ensures that you are taking proactive steps to protect your future and your legal rights.

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