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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

West Coast General Hospital in Port Alberni received some good news about an expansion to its emergency department on Jan. 15, 2021. (SUSAN QUINN/ Alberni Valley News)
B.C. health ministry commits $6.25M to hospital expansion in Port Alberni

Plans for larger emergency department have been on hold since 2015

The site of the former Arrowview Hotel, on Second Avenue and Athol Street, as of Jan. 14, 2020. (ELENA RARDON / ALBERNI VALLEY NEWS)
Port Alberni pressures Arrowview Hotel owner for final cleanup

Demolition finished in June 2020 but site still full of construction material

A Tla-o-qui-aht First Nation guardian took this photo of dozens of vehicles parked along a forest service road in the Kennedy watershed. (Submitted photo)
Alberni-Clayoquot Regional District looks at enforcement of illegal camping

ACRD currently does not have an existing bylaw service to tackle the issue

Randy Brown, owner of Wintergreen Apartments on Fourth Avenue, has five trailers and a motorhome at the back of his property that he is renting to people who had been previously homeless. He wants to put 15 trailers on his property, hooked up to city sewer and water and BC Hydro. (SUSAN QUINN/ Alberni Valley News)
Building owner digs in heels, refuses to remove illegal trailers from property

Port Alberni council gives owner two-week reprieve on remediation orders

Keith the curious kitten is seen on Nov. 4, 2020 at the Chilliwack SPCA. Friday, Jan. 22, 2021 is Answer Your Cat’s Questions Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Jan. 17 to 23

Answer Your Cat’s Questions Day, Pie Day and International Sweatpants Day are all coming up this week

JaHyung Lee, “Canada’s oldest senior” at 110 years old, received his first dose of the COVID-19 vaccine on Thursday, Jan. 14, 2021. He lives at Amenida Seniors Community in Newton. (Submitted photo: Amenida Seniors Community)
A unique-looking deer has been visiting a Nanoose Bay property with its mother. (Frieda Van der Ree photo)
A deer with 3 ears? Unique animal routinely visits B.C. property

Experts say interesting look may be result of an injury rather than an odd birth defect

Sooke’s Jim Bottomley is among a handful of futurists based in Canada. “I want to help people understand the future of humanity.” (Aaron Guillen - Sooke News Mirror)
No crystal ball: B.C. man reveals how he makes his living predicting the future

63-year-old has worked analytical magic for politicians, car brands, and cosmetic companies

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Terry David Mulligan. (Submitted photo)
Podcast: Interview with longtime actor/broadcaster and B.C. resident Terry David Mulligan

Podcast: Talk includes TDM’s RCMP career, radio, TV, wine, Janis Joplin and much more

A still from surveillance footage showing a confrontation in the entranceway at Dolly’s Gym on Nicol Street on Friday morning. (Image submitted)
Troublemaker in Nanaimo fails at fraud attempt, slams door on business owner’s foot

VIDEO: Suspect causes pain and damage in incident downtown Friday morning

Seasonal influenza vaccine is administered starting each fall in B.C. and around the world. (Langley Advance Times)
After 30,000 tests, influenza virtually nowhere to be found in B.C.

COVID-19 precautions have eliminated seasonal infection

Prime Minister Justin Trudeau listens to a question during a news conference outside Rideau cottage in Ottawa, Friday, January 8, 2021. THE CANADIAN PRESS/Adrian Wyld
Trudeau says Canada’s COVID vaccine plan on track despite Pfizer cutting back deliveries

Canadian officials say country will still likely receive four million doses by the end of March

Most Read