Sexual Exploitation Lawyer Toronto | Sexual Offence Defence

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Sexual exploitation is an offence under section 153 of the Criminal Code. It protects young persons aged 16 and 17, who are above the general age of consent, from sexual activity with adults who hold power over them: a position of trust or authority, a relationship of dependency, or an exploitative relationship. In these cases consent is not a defence, so the trial is rarely about whether the young person agreed. It is about whether the relationship fell within the categories the section defines, and whether the alleged conduct happened at all.

What is sexual exploitation under Canadian law?

The Crown must prove beyond a reasonable doubt:

The complainant was a young person: 16 or 17 years old at the time.
The accused was in a position of trust or authority toward the young person, the young person was in a relationship of dependency with the accused, or the relationship was exploitative. Teachers, coaches, employers, counsellors, and step-relations are the recurring contexts. In deciding whether a relationship was exploitative, section 153(1.2) directs courts to consider the young person's age, the age difference, how the relationship evolved, and the degree of control or influence exercised over the young person.
Sexual touching, or an invitation to sexual touching, for a sexual purpose.

Because the complainant is over the general age of consent, the young person's agreement is legally irrelevant once the relationship falls within the section. Where the accused claims to have believed the complainant was 18 or older, the Criminal Code requires that all reasonable steps were taken to ascertain age before that belief can assist. Related allegations involving complainants of any age are addressed on our sexual assault page. From July 18, 2026, the offence also expressly captures inviting or inciting a young person to expose themselves for a sexual purpose, including over video calls, with no touching or recording required.

Penalties for sexual exploitation in Ontario

Sexual exploitation is a hybrid offence. The maximum penalty is 14 years in prison if the Crown proceeds by indictment, or 2 years less a day on summary conviction. The Supreme Court of Canada directed in R v Friesen that sentences for sexual offences against young people must be substantial, and custody is the norm where exploitation is proved, particularly where trust was abused over time. Two 2026 changes sharpen this further: from July 15, 2026, a conditional sentence (jail served in the community) is not available for serious sexual offences, including those against young people, and from July 18, 2026 the Protecting Victims Act restores the mandatory minimums that courts had struck down, subject to a narrow judicial power to go below a minimum where it would be grossly disproportionate.

The ancillary consequences are heavy. A conviction brings sex offender registration, automatic under Ontario's Christopher's Law and presumptive under the federal Sex Offender Information Registration Act, along with a DNA order, potential prohibition orders restricting contact with young people and attendance at places they frequent, and severe immigration consequences for non-citizens. Bail conditions from the outset typically bar contact with the complainant and with the institution where the relationship arose; our bail hearings page explains how release plans are built.

Possible defences to a sexual exploitation charge

Depending on the evidence, defences may include:

No qualifying relationship: whether the accused actually held a position of trust or authority, or whether the relationship was exploitative under the statutory factors, is the central legal battleground, especially at the edges of coaching, workplace, and family-adjacent relationships.
The conduct did not occur: these cases often rest on the complainant's account, and credibility and reliability are tested against messages, timelines, and independent evidence, within the limits the law places on cross-examination in sexual cases.
No sexual purpose: conduct alleged to be sexual that has an innocent explanation in context.
Age and reasonable steps: where the defence is an honest belief the complainant was 18 or older, the evidence of the steps taken to ascertain age.
Identity and attribution of electronic communications.
Charter issues, including device searches, statements, and delay under section 11(b).

Frequently asked questions

The age of consent is 16. Why is this a crime?

Because section 153 extends protection to 16 and 17 year olds where the adult is in a position of trust or authority, the young person is dependent on them, or the relationship is exploitative. Within those relationships, the law removes consent as a defence.

What is a position of trust or authority?

The law does not provide an exhaustive list. Teachers, coaches, employers, counsellors, and adults in family-like roles are the classic examples, and courts look at the real dynamics of the relationship, not job titles.

Is consent a defence to sexual exploitation?

No. Once the Crown proves the relationship falls within the section, the young person's agreement is not a defence.

What if I believed the person was an adult?

An honest belief the complainant was 18 or older can only assist if all reasonable steps were taken to ascertain their age. What steps were reasonable depends on the circumstances.

What are the penalties for sexual exploitation?

Up to 14 years in prison by indictment, with custody the norm where the offence is proved, plus sex offender registration and related orders. Outcomes depend on the evidence and circumstances of each case.

Will I be on the sex offender registry?

A conviction results in registration under Ontario's registry automatically, and under the federal registry presumptively, with narrow exceptions. Registration carries reporting obligations for years or life depending on the sentence.

Charged with sexual exploitation? Contact us