A recent report by Canada’s advocate for victims of crime highlights the consistent betrayal of survivors of sexual violence within the criminal justice system. The report, titled “Rethinking Justice for Survivors of Sexual Violence: A Systemic Investigation,” spans nearly 300 pages and is the culmination of extensive research conducted by Benjamin Roebuck, the federal ombudsperson for victims of crime, involving over 3,000 interviews, surveys, and case reviews since March 2024.
The comprehensive report delves into the treatment of sexual violence survivors within the justice system, focusing on the disbelief of their allegations, their access to resources, and how factors such as vulnerability or geographic location impact their journey. Roebuck, in the report’s foreword, highlighted that the harm is widely acknowledged, with law enforcement and legal professionals often cautioning survivors against reporting or pursuing charges, leading to a loss of faith in the administration of justice.
The report identifies systemic shortcomings across the justice system that must be rectified to empower victims to come forward without fear of re-traumatization. Among the key findings is the revelation that 93% of the surveyed survivors feared that police would not believe their accounts if reported. Furthermore, only 51% of the survivors reported the crimes, and out of those cases, a mere 70 convictions were secured after 102 trials.
To address these issues and improve outcomes, the report presents 43 recommendations across 10 categories. Notably, it emphasizes the necessity of thorough investigations into reported sexual violence allegations, emphasizing the need to dismantle the structural barriers silencing survivors. The report underscores that reporting sexual violence is often hindered by systemic obstacles rather than individual reluctance.
In addition, the report advocates for tailored training for law enforcement and courts on the diverse needs of sexual assault survivors based on various factors like sex, gender, age, and mental health. It calls for the discontinuation of “KGB statements,” which induce suspicion in victims and hinder the reporting process. Furthermore, the report urges the government to enhance justice for Indigenous communities by ensuring equal access to crucial tools like sexual assault evidence kits and implementing the recommendations from the National Inquiry into Missing and Murdered Indigenous Women and Girls.
The report also highlights the impact of delays in the justice system, citing instances where sexual assault cases were stayed due to prolonged trial durations following the 2016 Supreme Court decision in R. v. Jordan. It urges amendments to the Criminal Code to prevent unwarranted stays and calls for a higher threshold for defense access to therapeutic records of survivors.
Moreover, the report stresses the need for fair cross-examinations, advocating for the protection of victims’ private documents and the provision of testimonial aids during court proceedings. It emphasizes the importance of expanding restorative justice programs and enhancing support for sexual assault survivors within communities.
In conclusion, the report calls for ongoing data collection on sexual violence cases to evaluate the effectiveness of the justice system’s response. It emphasizes the importance of transparency through open access to outcomes-based data to assess and address the prevailing challenges in the criminal justice system regarding crimes of sexual violence.
