INTRODUCTION AND BRIEF DESCRIPTION

Section 153(1) makes it a criminal offense for a person in a position of trust or authority towards a young person to touch or invite them to touch for a sexual purpose.

SECTION WORDING

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.

EXPLANATION

Section 153(1) of the Canadian Criminal Code criminalizes sexual conduct between an individual in a position of trust or authority and a young person. The section is intended to protect vulnerable young people from abuse and exploitation. This provision applies to any person who is in a position of trust or authority towards a young person. This includes teachers, coaches, counselors, and other individuals who have a professional relationship with a young person. It also applies to situations where the young person is dependent on the perpetrator, such as when living in the same household or being in a care-giving relationship. The section criminalizes two types of sexual activity. Firstly, it prohibits any sexual touching of a young person, whether directly or indirectly, for a sexual purpose. Secondly, it prohibits adults from inviting, counseling, or inciting a young person to touch themselves or anyone else for a sexual purpose. The severity of the offence is reflected in the punishment. A conviction under this section can result in a maximum sentence of 14 years imprisonment. Moreover, the criminal record of the perpetrator can have significant and long-lasting effects on their employment prospects, relationship and personal life. Overall, the aim of this provision is to protect young people from being taken advantage of by individuals in a position of trust or authority. It reinforces a clear message that those who abuse their power will face serious consequences.

COMMENTARY

Section 153(1) of the Criminal Code of Canada is a crucial legal provision that aims to protect young people from sexual exploitation and abuse by those who hold positions of trust, power, and authority over them. The section defines the offense of sexual exploitation, which includes any intentional or deliberate act of physical contact or persuasion that is motivated by a sexual purpose. The provision covers a wide range of situations, including cases where a person in a position of authority, dependency, or relationship with a young person engages in sexual activity with them or encourage them to engage in sexual activity with others. The purpose of section 153(1) of the Criminal Code of Canada is to safeguard young people's physical, psychological, and emotional well-being and to ensure that they are not subject to any form of sexual exploitation or abuse. It recognizes that young people are vulnerable to the influence and power of those who hold positions of authority or trust, such as teachers, coaches, religious leaders, and caregivers. These individuals have a duty to act in the best interests of the young people in their care and must not abuse their position to engage in or facilitate any sexual activity with them. The section outlines two distinct types of offenses that fall under the category of sexual exploitation. The first type is where a person in a position of trust or authority towards a young person engages in any form of physical contact with them for sexual purposes. This type of offense covers actions such as touching or fondling the young person's body, whether directly or indirectly or with an object. This provision recognizes that any form of physical contact that is intended to satisfy the perpetrator's sexual desires is an act of sexual exploitation and is a criminal offense. The second type of offense is where a person in a position of trust or authority towards a young person encourages or entices the young person to engage in sexual activity with others. This type of offense covers situations where the perpetrator suggests, advises, or persuades the young person to touch or engage in sexual activity with themselves or others. This provision recognizes that exploitation does not always involve physical contact but can also involve the manipulation of young people's emotions, desires, and vulnerabilities. In conclusion, section 153(1) of the Criminal Code of Canada is a necessary legal provision that recognizes the importance of protecting young people from sexual exploitation and abuse. It highlights the responsibility that those in positions of trust, authority, or relationship have towards the young people in their care and seeks to prevent any form of sexual exploitation or abuse. The provision reminds us that the physical, psychological, and emotional well-being of young people must be a priority, and any act that seeks to harm them in any way must be met with appropriate legal action.

STRATEGY

When dealing with section 153(1) of the Criminal Code of Canada, there are several strategic considerations that should be taken into account. These considerations are necessary to ensure that the legal process is handled efficiently and effectively while also protecting the rights of the accused and the victim. Some of these strategic considerations include the following: 1. Timing: The timing of an investigation into an alleged offense under section 153(1) is crucial. It is important to act quickly to gather evidence and interview witnesses before memories fade or evidence is lost. Law enforcement officials must recognize the importance of obtaining evidence promptly, while still ensuring that their actions do not infringe upon the legal rights of the accused or the victim. 2. Evidence collection: Evidence collection should be thorough but conducted in a manner that respects the privacy and dignity of the victim and the accused. Careful consideration must be given to collecting physical evidence, including any forensic evidence, such as DNA evidence. Interviewing witnesses is also an important part of the evidence collection process. 3. Victim support: Providing support to the victim is critical for ensuring their well-being and facilitating their cooperation throughout the legal process. Law enforcement officials must ensure that the victim is aware of their rights and options for accessing support services, including counseling and medical care. 4. Legal representation for the accused: It is important to ensure that the accused individual has access to competent legal representation throughout the legal process. This is essential for protecting their legal rights and ensuring that they are able to present a robust defense. 5. Transparency: Maintaining transparency in the investigation and legal process is critical for fostering public confidence in the justice system. Law enforcement officials must be open and transparent in their actions and ensure that all parties involved are aware of the legal process and their rights. When dealing with section 153(1) of the Criminal Code of Canada, there are also several strategies that can be employed. Some of these strategies include: 1. Education: Providing education and training to law enforcement officials, prosecutors, and judges about section 153(1) and related offenses can improve their understanding of the law and ensure more effective enforcement. 2. Collaboration: Collaboration among law enforcement agencies, victim support services, and other related organizations can facilitate a coordinated response to section 153(1) offenses and better support victims through the legal process. 3. Specialized units: Creating specialized units within law enforcement agencies to investigate section 153(1) offenses can improve the quality of investigations and increase the chances of successful prosecutions. 4. Community outreach: Engaging with the community to raise awareness about section 153(1) and related offenses can improve reporting rates and provide support to victims who may be hesitant to come forward. 5. Sentencing reform: Continuing efforts to reform sentencing laws for section 153(1) offenses can help ensure that the punishment fits the crime and provide a deterrent effect. In conclusion, section 153(1) of the Criminal Code of Canada is a critical piece of legislation that is designed to protect vulnerable young people from exploitation. Ensuring effective enforcement of this law requires careful consideration of strategic considerations and the employment of effective strategies. By following these considerations and strategies, law enforcement officials, prosecutors, and judges can work to protect young people and ensure that the justice system is effective and fair for all parties involved.