Canada’s Criminal Justice System can be difficult for sexual violence survivors to navigate. New statistics released by the Government of Canada examine the attrition of sexual violence incidents through the Canadian policing and court systems, finding that “Compared with the 2010-2014 period, police-reported sexual assaults from 2015-2019 were less likely to result in charges, less likely to proceed to court, less likely to result in a guilty finding and less likely to result in a sentence of custody.”
There are many potential reasons for this level of attrition, including stigmatization of the survivor, systemic victim-blaming bias, the high burden of proof that is required in criminal courts, and the re-traumatization individuals experience when they participate in the criminal justice system. Despite these statistics, several significant initiatives have been developed and launched since the 2015-2019 period as part of a national effort to balance the scales of justice.
Policing and Investigations
In 2017, the RCMP created a framework for community sexual assault review committees, and Alberta launched the Sexual Assault Investigations Review Committee. SAIRC is comprised of professionals working in sexual violence prevention and treatment, including frontline sexual violence experts from sexual assault centres, to ensure that police investigation standards for sexual offences are met and consistent across the country. These committees seek to ensure that survivors receive trauma-informed treatment by RCMP, regardless of what city or province they operate and investigate in. Alberta continues to lead the country in this area as one of the only provinces with a fully operational SAIRC. Saffron Centre has been a contributing partner to the SAIRC in Alberta since 2023.
In 2019, Third Option Reporting – a process allowing survivors to preserve their forensic evidence for up to one year while deciding whether they would like to report to the Police – was expanded from Calgary, Medicine Hat, and Lethbridge to hospitals in Edmonton, Red Deer, and other rural areas across Alberta. The development and expansion of Third Option Reporting is a demonstration of shifting attitudes toward trauma-informed practices for sexual violence survivors and a commitment by Provincial healthcare and policing agencies to reduce barriers to accessing essential medical care in the aftermath of a sexual assault.
In 2021, the Supportive Reporting Program was introduced to assist sexual assault centres with supporting survivors through the police reporting process. In areas where this program exists, individuals may choose to report to the Police however they feel most comfortable, including choosing whether they would like to report at their local detachment or nearest sexual assault centre, and whether they would like to have a Specialized Navigator from a community Police and Court Support program accompany them to their police statement. Giving survivors more choices to report sexual violence when and where they feel more comfortable minimizes re-traumatization and reduces environmental discomfort in already difficult situations. Saffron Centre currently has a Supported Reporting Protocol in place with the Strathcona County RCMP and applies the principles of this program with surrounding policing agencies.
Law and Prosecutions
In 2018, Bill C-51 was enacted in Canada, including several amendments to the Criminal Code of Canada that strengthen sexual assault provisions. Amendments included provisions that further shielded complainants in sexual offence cases from being exposed to rape myths by Counsel as a strategy for defence and ensured that they had access to legal representation in circumstances where their sexual history or private records were applied to be introduced to the Court. Court can be a retraumatizing experience, and Bill C-51 contributes to the protection of the complainant’s integrity and privacy.
Community Programs and Support
Specialized Police and Court Support Programs were developed in 2018 across Alberta’s Sexual Assault Centres to help support sexual violence survivors through all aspects of the criminal justice process. Navigators provide information, accompany clients to reporting and court dates, and advocate for survivors’ rights with policing and prosecution services. These programs exist to help empower survivors through the criminal justice system by ensuring they have access to information and know that there is always someone in their corner.
While the social statistics from 2015-2019 demonstrate a stark reality for survivors of sexual violence, there have since been significant changes to several aspects of the criminal justice system and the way it interacts with survivors. These alternatives and accommodations seek to lower barriers to access and increase participation by survivors in the reporting and court process. While there is still significant work to be done and improvements to be made, we acknowledge that all survivors have a right to engage in the criminal justice system if they choose to. As advocacy for growth and change continues on a national scale, organizations like Saffron Centre remain dedicated to helping survivors of sexual violence.
