Sexual Assault Resources

Sexual Assault Charges & Overview

Cost Of A Sexual Assault Lawyer

Honest But Mistaken Belief In Consent

Mistaken Identity

Peace Bonds

Conditional Discharges

Intermittent & Suspended Sentences

Trial Process

Cross Examination

Appellate Review

Section 161 Orders

Sex Offender Information Registration Act (SOIRA)

Aggravated Sexual Assault

Sexual Interference 

A Section 161 order is a court order by a judge who sentences an accused that aims to protect the public, particularly minors, from individuals convicted of sexual offences. When an individual is convicted for certain sexual crimes involving a person under 16 years old, the court has the discretion to impose this order.  Section 161 Order of Prohibition places conditions on the offender that are designed to prevent further sexual crimes against children and persons under the age of 16. The conditions in a Section 161 order can include restrictions on attending specific places where minors are likely to be present, restrictions on employment or volunteer opportunities involving children, and limitations on using the internet or other digital communication tools.

The order can significantly affect the life of the offender, typically lasting for a period specified by the judge, but potentially for life. The conditions are mandatory, and breaching a Section 161 order can result in criminal charges that carry their own set of serious penalties and consequences.

Section 161 is applied at the discretion of the sentencing judge. Upon conviction for relevant offences, the court will impose this ancillary order as part of the offender’s punishment, including the specific conditions and restrictions. Violations of these orders are considered criminal offences and can lead to further legal consequences, including imprisonment.

Charges Leading to Section 161 Orders

The Criminal Code outlines many sexual offences that can result in a Section 161 order upon conviction. These offences primarily relate to sexual crimes against children and include:

  • Section 151: Sexual Interference
  • Section 152: Invitation to Sexual Touching
  • Section 163.1: Child Pornography
  • Section 271: Sexual Assault
  • Section 280: Abduction of a person under 16

 

Consequences of Breaching Conditions

Once a Section 161 order is in place, the conditions set by the court are legally binding. If an offender breaches these conditions, they may face additional charges under:

  • Section 811: Breach of Probation (assuming the accused was placed on probation with similar prohibitions to a s.161 order)
  • Section 127: Disobeying a Court Order

Breaching the conditions of a Section 161 order is a serious criminal offence itself, and can result in further sentencing, including imprisonment as mentioned above. The maximum jail term for failing to comply with a s. 161 order is a 4 year jail term.The severity of the punishment may depend on the nature of the breach and the offender’s criminal history.

Canadian courts reserve the right to tailor conditions specific to each offender to effectively manage the risks they might pose.

Frequently Asked Questions

Individuals have the right to appeal a Section 161 order. To do so, they must file an appeal through the appellate courts and demonstrate why the prohibition order should be reconsidered based on legal grounds or procedural fairness.

Courts commonly stipulate that individuals under a Section 161 order have no unsupervised contact with children under 16 years old, are not to attend public parks, swimming pools, daycares, schools, playgrounds, or community centres, and are barred from using the internet or other digital networks, unless the offender does so in accordance with conditions set by the court. The court may also prohibit the offender from seeking or obtaining employment or becoming a volunteer that involves being in a position of trust or authority towards a person under the age of 16 years.

The duration of a Section 161 order varies in the discretion of the judge who sentences the offender. The order can last for life (typically less), but also depends on the severity of the offence and if there is any pattern type behavior. A court can modify or discharge the order if it’s demonstrated that the individual’s circumstances have changed significantly and they do not pose a threat to children.