Only one in 10 substantiated sex assaults result in conviction, StatCan says

Only one in 10 substantiated sex assaults result in conviction, StatCan says

Most recent data reaffirmed many long-standing facts about sexual assault cases

The vast majority of sexual assaults that have been substantiated by police do not result in a criminal conviction or even make it to court, Statistics Canada said Thursday.

New research from the agency surveyed the number of sexual assault allegations that police ruled as founded between 2009 and 2014, noting that this figure is considerably lower than the number of such offences that likely took place.

Of those, StatCan said only 12 per cent, or about one in 10, resulted in a criminal conviction. Most cases never had a chance to attain one, as the research found only 49 per cent of substantiated sexual assault complaints made it to court in the first place.

StatCan contrasted these rates with similar figures for physical assaults, which are nearly twice as likely to both make it through the justice system and secure a conviction. About 75 per cent of physical assaults proceed to court after charges are laid, and 23 per cent of substantiated claims result in conviction, StatCan said.

The research excluded data from Quebec and Prince Edward Island due to an inability to adequately compare data with other provinces.

READ MORE: Pitt Meadows councillor convicted of sex assault from 25 years ago

The StatCan survey acknowledged that the data it surveyed is merely scratching the surface of a complex issue, saying it hopes the report will lay the groundwork for future research.

“While conviction rates … and severity of sentencing outcomes are often used as measures of criminal justice, neither take into account the potentially large volume of cases that never made it to court,” the report reads. “The ‘fall-out’ of cases before court can provide vital context for how sexual assaults are handled in the criminal justice system.”

StatCan announced in the report that the focus would shift to tracking sex assault claims that police have classified as “unfounded,” saying a report on the issue will be released next July.

The most recent data reaffirmed many long-standing facts about sexual assault cases. StatCan said 87 per cent of sexual assault victims were women and girls, and the majority of alleged perpetrators were known to them in some capacity.

StatCan found that cases in which the victim and the alleged assailant were known to each other were less likely to go to court, with only 47 per cent of such cases resulting in charges compared to 64 per cent in which the accused was a stranger.

That number fell even further if an accused was a member of the victim’s family, but StatCan said those cases were likely to result in stiffer penalties if the person was convicted.

Age also played a role in the success of a sexual assault prosecution, it said.

“It may be suggested that middle-aged to older women sexually assaulted by young men were most likely to see their assailant go to court and be convicted, whereas younger female and male victims of sexual assault (including children) who were victimized by middle-aged to older men many years older than them were less likely to see the same course of justice,” the report reads.

The research also found that the majority of cases that originally come before the court as a sex assault charge don’t wind up being handled that way. The data showed 60 per cent of sex assault charges brought before the court are prosecuted as a different type of offence.

Amanda Dale of the Barbra Schlifer Commemorative Clinic said the finding suggests lawyers are working around a system that they recognize is stacked against victims of sexual assault.

“The Crowns in these cases are seeing that the justice system is still not ready to receive these crimes on an equal basis with other crimes,” she said. “If you take it from sexual assault to plain assault, you might have a better outcome because all of the prejudices that surround sexual assault might suddenly no longer be your barrier.”

Dale said the findings are yet another indicator that the system for prosecuting sexual assault is in need of change.

While she acknowledges that the national conversation around the issue has shifted and progress is being made, she said the latest numbers continue to paint a disheartening picture for sexual assault survivors.

“It doesn’t surprise me, but it continues to shock me that we have a crime that so closely approaches impunity that’s so widely experienced.”

Michelle McQuigge, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

The log retaining wall that supports the access road to the Ladysmith Community Marina is failing and needs to be replaced. (Cole Schisler photo)
Remediation work for community marina access road expected to be costly

A log retaining wall between the access road and the parking area is failing and must be replaced

Marine biologist Rick Harbo pulls a lid from the Ladysmith harbour, which he uses to monitor the presence of native and non-native species in the Ladysmith harbour. (Cole Schisler photo)
Unidentified sponge may be the latest marine species invading Ladysmith Harbour

Marine biologist finding dozens of alien species in warm-water harbour, none of them threatening

More and more graffiti has appeared in Ladysmith’s downtown core during the pandemic. (Cole Schisler photo)
Council creates rebate program to encourage graffiti clean up

Property owners can receive up to $50 to help fund graffiti removal

Rick Ruppenthal of Saltair will host a 12-hour talk-a-thon Friday, June 18 over Facebook live. (Photo submitted)
Talk-a-thon to focus on men’s mental health issues

Saltair man spearheading a campaign to generate more conversation during fundraiser

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

House Majority Whip James Clyburn, D-S.C., center left, reaches over to Rep. Maxine Waters, D-Calif., joined by Speaker of the House Nancy Pelosi, D-Calif., center, and members of the Congressional Black Caucus as they celebrate the Juneteenth National Independence Day Act that creates a new federal holiday to commemorate June 19, 1865, when Union soldiers brought the news of freedom to enslaved Black people after the Civil War, at the Capitol in Washington, Thursday, June 17, 2021. It’s the first new federal holiday since Martin Luther King Jr. Day was created in 1983. (AP Photo/J. Scott Applewhite)
Biden to sign bill making Juneteenth a federal holiday

New American stat marks the nation’s end of slavery

Athena and Venus, ready to ride. (Zoe Ducklow - Sooke News Mirror)
Goggling double-dog motorcycle sidecar brings smiles to B.C. commuters

Athena and Venus are all teeth and smiles from their Harley-Davidson sidecar

Kimberly Bussiere and other laid-off employees of Casino Nanaimo have launched a class-action lawsuit against the Great Canadian Gaming Corporation. (Chris Bush/News Bulletin)
B.C. casino workers laid off during pandemic launch class-action lawsuit

Notice of civil claim filed in Supreme Court of B.C. in Nanaimo against Great Canadian Gaming

John Kromhoff with some of the many birthday cards he received from ‘pretty near every place in the world’ after the family of the Langley centenarian let it be known that he wasn’t expecting many cards for his 100th birthday. (Special to Langley Advance Times)
Cards from all over the world flood in for B.C. man’s 100th birthday

An online invitation by his family produced a flood of cards to mark his 100th birthday

FILE – Nurse Iciar Bercian prepares a shot at a vaccine clinic for the homeless in Calgary, Alta., Wednesday, June 2, 2021. THE CANADIAN PRESS/Jeff McIntosh
B.C. scientists to study effectiveness of COVID vaccines in people with HIV

People living with HIV often require higher doses of other vaccines

A 50-year-old woman lost control of her vehicle Tuesday, June 15, crashing through a West Vancouver school fence that surrounds playing children. (West Vancouver Police)
Driver ticketed for speeding near B.C. school crashes into playground fence days later

‘It’s an absolute miracle that nobody was injured,’ says Const. Kevin Goodmurphy

Most Read