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

A tent housing a mobile vaccination clinic. (Interior Health/Contributed)
Over 5K jabbed at Interior Health mobile COVID-19 vaccine clinics

The clinics have made stops in more than 40 communities since launching last week

Provincial Health Officer Dr. Bonnie Henry talks about B.C.’s plan to restart the province during a press conference at Legislature in Victoria, Tuesday, May 25, 2021. THE CANADIAN PRESS/Chad Hipolito
Interior Health COVID-19 cases falling slower than the rest of B.C.

More than a third of provincial cases announced Thursday came from the Interior

A tent housing a mobile vaccination clinic. (Interior Health/Contributed)
Second dose vaccinations accelerating throughout region: Interior Health

To date, more than 675,000 doses have been administered throughout the region

Okanagan Lake (File photo)
Thompson-Okanagan ready to welcome back tourists

The Thompson-Okanagan Tourism Association expects this summer to be a busy one

Aerial view of a wildfire at 16 Mile, 11 kilometres northwest of Cache Creek, that started on the afternoon of June 15. (Photo credit: BC Wildfire Service)
Wildfire at 16 Mile now being held

Wildfire started on the afternoon of June 15 at 16 Mile, east of Highway 97

Marco Mendicino, Minister of Immigration, Refugees and Citizenship during a press conference in Ottawa on Thursday, May 13, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Canada to welcome 45,000 refugees this year, says immigration minister

Canada plans to increase persons admitted from 23,500 to 45,000 and expedite permanent residency applications

Emily Steele holds up a collage of her son, 16-year-old Elijah-Iain Beauregard who was stabbed and killed in June 2019, outside of Kelowna Law Courts on June 18. (Aaron Hemens/Capital News)
Kelowna woman who fatally stabbed teen facing up to 1.5 years of jail time

Her jail sentence would be followed by an additional one to 1.5 years of supervision

Cpl. Scott MacLeod and Police Service Dog Jago. Jago was killed in the line of duty on Thursday, June 17. (RCMP)
Abbotsford police, RCMP grieve 4-year-old service dog killed in line of duty

Jago killed by armed suspect during ‘high-risk’ incident in Alberta

The George Road wildfire near Lytton, B.C., has grown to 250 hectares. (BC Wildfire Service)
B.C. drone sighting halts helicopters fighting 250 hectares of wildfire

‘If a drone collides with firefighting aircraft the consequences could be deadly,’ says BC Wildfire Service

A dose of the Pfizer-BioNTech COVID-19 vaccine is pictured at a vaccination site in Vancouver Thursday, March 11, 2021. THE CANADIAN PRESS/Jonathan Hayward
NACI advice to mix vaccines gets varied reaction from AstraZeneca double-dosers

NACI recommends an mRNA vaccine for all Canadians receiving a second dose of a COVID-19 vaccine

A aerial view shows the debris going into Quesnel Lake caused by a tailings pond breach near the town of Likely, B.C., Tuesday, Aug. 5, 2014. THE CANADIAN PRESS/Jonathan Hayward
Updated tailings code after Mount Polley an improvement: B.C. mines auditor

British Columbia’s chief auditor of mines has found changes to the province’s requirements for tailings storage facilities

A North Vancouver man was arrested Friday and three police officers were injured after a 10-person broke out at English Bay on June 19, 2021. (Youtube/Screen grab)
Man arrested, 3 police injured during 10-person brawl at Vancouver beach

The arrest was captured on video by bystanders, many of whom heckled the officers as they struggled with the handcuffed man

Patrick O’Brien, a 75-year-old fisherman, went missing near Port Angeles Thursday evening. (Courtesy of U.S. Coast Guard)
Search for lost fisherman near Victoria suspended, U.S. Coast Guard says

The 75-year-old man was reported missing Thursday evening

Most Read