Invitation to sexual touching is outlined in Section 152 of the Criminal Code. This crime involves inviting, counselling or inciting a person under the age of 16 to touch the body of any person (including the victim’s) for a sexual purpose. To secure a conviction in a criminal court, the prosecution will need to prove beyond a reasonable that: The complainant was asked or directed to touch his or herself or another person The communication was for a sexual purpose (according to the body part invited to be touched or words/gestures used during the communication) The defendant knew the complainant was under 16 years of age or did not take reasonable steps to confirm the complainant’s age The defendant was aware that the communication may be received by the complainant as an invitation, incitement, or counselling to engage in the offence With the crimes of sexual interference and invitation to sexual touching, a person can still be charged with a sex crime if the alleged victim is over the age of 16 but under 18 AND the defendant held a position of trust and authority over them.