Sexual assault trials can be complex and challenging to navigate. The evidentiary issues are complicated and difficult to understand. The lawyers at Lockyer Zaduk Zeeh are experienced Toronto sexual assault lawyers. We regularly represent people charged in Toronto and elsewhere with sexual assault offences. Please give us a call at 416-613-0416 to schedule a consultation to discuss your case if you are charged with a sexual offence.
Section 161: Prohibition Orders for Sexual Offenders
A prohibition order, pursuant to s. 161 of the Criminal Code, is a prohibition placed on individuals convicted of designated sexual offences involving people under the age of 16. Designated offences include child pornography, invitation to sexual touching, sexual interference, and other sexual offences.
What Does a Section 161 Order Prohibit?
Section 161 of the Criminal Code listed several conditions that can be imposed when the sentencing judge orders a prohibition order. These include a restriction from attending public parks, swimming areas, and community centres where persons under 16 are present or can reasonably be expected to be present; a restriction of employment or volunteering that involved a position of trust or authority towards a person 16 years or under; a restriction on the internet and social media; amongst other possible restrictions.
How Long Does the Order Remain in Effect?
A section 161 Prohibition Order remains in effect for as long as the sentencing judge deems appropriate, which can be for life.
What Happens if I Breach the Order?
If you breach your s. 161 Order, you can be charged with a criminal offence under s. 161(4) of the Criminal Code. If the Crown proceeds by indictment, you will face a maximum sentence of 4 years, and a 2-year maximum sentence if the Crown proceeds by summary conviction.