If you’re facing charges of Sexual Exploitation, it’s crucial to seek the counsel of a seasoned Criminal Lawyer promptly. At FMK Law Group, our team specializes in defending against Sexual Exploitation charges in Brampton and beyond.
We offer complimentary consultations with our team of skilled Criminal lawyers in Brampton, ON, to explore how we can assist you. Our areas of expertise encompass various legal matters, including Criminal Harassment and Child Luring.
While our expertise is focused in Brampton, Ontario, our legal representation spans across the Greater Toronto Region, including Oakville, Mississauga, Milton, and Burlington, ensuring comprehensive support for our clients.
Don’t face these charges alone. Contact us today to schedule a consultation and our Brampton Criminal Lawyer to safeguard your future.
Sexual Exploitation Under Criminal Code of Canada?
Section 153(1) of the Criminal Code reads as follows:
153 (1) Every person commits an offence who is in a position of trust or authority towards a young person, who is a person with whom the young person is in a relationship of dependency, or who is in a relationship with a young person that is exploitative of the young person, and who
(a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person; or
(b) for a sexual purpose, invites, counsels, or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person.
The connection between individuals can originate either through face-to-face interaction or online communication. In cases where a young person is exploited over the internet, they may be encouraged or coerced to engage in self-touching while being observed by another individual.
In the event of a conviction, sexual exploitation mandates a minimum jail term of 90 days if the Crown opts for summary proceedings, with a maximum incarceration period of two years less a day.
For indictable sexual exploitation charges, the minimum penalty is one year in jail, while the maximum sentence can extend to 14 years in prison.
Position of Trust
A “position of trust” is identified based on the dynamics between the accused and the young person, which involves several critical factors.
These include whether the accused had an obligation or responsibility towards the young person, the existence of a duty of care, the level of dominance or control exerted by the accused over the young person, how the relationship was formed, and the young person’s age.
These aspects contribute to the court’s determination of whether the accused held a position of trust that was used in an oppressive or exploitative manner towards the young person.
Types of Sexual Exploitation in Brampton, Canada
Section 153(1) (a) states that it is an offence of “sexual exploitation by sexual touching,” and then section 153(1)(b) states that it is an offence of “sexual exploitation by invitation to sexual touching”.
Child Sexual Exploitation
Child sexual exploitation, a variant of child sexual abuse, happens when a person or group exploits a power imbalance to compel, manipulate, or deceive a child or young person below 18 years into engaging in sexual activities.
This exploitation can occur (a) as a trade-off for something the victim desires or needs or (b) to benefit the perpetrator or facilitator financially or elevate their status. Even if it seems like the victim consented to the sexual activities, they might still be considered exploited.
It’s important to note that child sexual exploitation doesn’t solely rely on physical contact; it can also be facilitated through digital means.
Child Criminal Exploitation
Child Criminal Exploitation, frequently seen in the context of county lines, involves an individual or group exploiting a power imbalance to coerce, control, manipulate, or deceive a child or young person under 18. This exploitation can occur even when the activities seem consensual, indicating that the victim’s apparent agreement does not negate their exploitation.
Importantly, Child Criminal Exploitation isn’t limited to physical interactions; it can be conducted through digital platforms and technology.
Punishment of Sexual Exploitation in Brampton, Canada
(1.1) Every person who commits an offence under subsection (1)
(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 90 days.
Common Signs That Someone is Experiencing Sexual Exploitation in Brampton, Canada?
Some people may not even know that they’re suffering from sexual exploitation until it becomes too evident. While each particular case may vary, here’s a list of common signs you or a loved one may be experiencing sexual exploitation:
- Evidence of sexual assault
- Changes in emotional states or self-harm
- Isolation from peers or social media
- Unexplained acquisitions of money or absences
- Using more than one phone
- Receiving too many texts or calls
- Developing unusual relationships with older or controlling people
Keep in mind that these signs may not necessarily prove that someone is experiencing sexual exploitation or that they’re dealing with an abuser, but there are some signs to keep in consideration.
Facing Sexual Exploitation? Consider Our Criminal Defence Lawyer Brampton, Ontario
If you are facing Sexual Exploitation charges in Brampton or surrounding cities, it’s crucial to secure representation from a seasoned and dedicated lawyer.
FMK Law Group, with its exceptional track record in defending clients against Sexual Exploitation charges in Brampton, Ontario, stands out for its unique approach and commitment to this specific area of law.
For individuals grappling with legal issues arising from Sexual Exploitation, Fadi Matthew is a standout criminal defence lawyer based in Brampton, Canada. His extensive experience and deep understanding of Sexual Exploitation cases, coupled with his profound knowledge of criminal law, make him a top choice for superior legal representation in such matters.
Don’t hesitate to contact us at (647) 269-8414 for a consultation that could make a significant difference in your case. Trust in our commitment to excellence and our passion for defending your rights.
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