Juristat
Recent trends in police-reported clearance status of sexual assault and other violent crime in Canada, 2017 to 2022

by Shana Conroy

Release date: April 26, 2024
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Highlights

  • In 2018, a new definition of “founded” crime was implemented in the Uniform Crime Reporting Survey. Following the change, the standard practice is for police to record criminal incidents as founded—that is, that reported incidents had in fact occurred—unless there is credible evidence demonstrating that incidents had not taken place. Now, a smaller proportion of crime is classified as “unfounded” while more founded incidents are “not cleared” (unsolved) by police.
  • This represents a shift to a more victim-centred approach to recording crime, and it has a significant impact as more reported victim experiences are now captured by police data. This is particularly relevant to the way reported incidents of sexual assault are treated by police due to the challenges that often exist in obtaining evidence for this type of crime. A high proportion of unfounded sexual assault may have negative ramifications for victims, including deterring them from reporting and seeking justice, making it impossible to hold perpetrators accountable.
  • Sexual assault is a highly gendered crime, with women and girls accounting for nine in ten (90%) victims involved in incidents reported to police in 2022. The median age of victims was higher for women and girls than men and boys (21 years versus 17 years), and 30% of all victims were youth aged 12 to 17. The vast majority (96%) of accused persons were men and boys, and most (74%) victims of sexual assault knew the person accused of the crime.
  • In 2017—the last full year of data collection prior to the new definition of “founded”—14% of all reported sexual assault was classified by police as unfounded, which dropped to 7% in 2022. This was similar for overall violent crime, which went from 12% unfounded to 7% during this period.
  • The rate of police-reported sexual assault increased 38% between 2017 and 2022. Similar increases were noted among women and girls (+37%) and men and boys (+36%). Overall violent crime also increased during this time (+18%), although to a lesser extent than sexual assault.
  • Uncleared incidents accounted for much of the recent increase in police-reported sexual assault, representing 48% of sexual assault in 2017 and 59% in 2022. Half (51%) of uncleared incidents of sexual assault were classified by police as having insufficient evidence to proceed with laying or recommending a charge in 2022.
  • The number of incidents of sexual assault cleared by charge increased between 2017 and 2022. However, because of the increase in the number of founded and uncleared incidents of sexual assault, the proportion of incidents of sexual assault that were cleared by charge decreased from 34% to 31% during this period.
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Sexual assault is a highly gendered crime, and women and girls are overrepresented among victims of such violence (Burczycka, 2021; Burczycka, 2020; Conroy & Cotter, 2017; Cotter, 2021; Cotter & Savage, 2019; Perreault, 2020a; Perreault, 2020b; Rotenberg & Cotter, 2018). Over the past decade, public perception and understanding of sexual assault, and other forms of sexual misconduct, have greatly evolved. Most notably, the #MeToo movement (me too., 2023), which gained widespread attention in late 2017, was the catalyst for much private and public dialogue on this topic. Older and more recent non-consensual sexual experiences were uncovered, and the media highlighted the existing power imbalances that perpetuate a culture of stigma, shame and silence in which these types of behaviours occur. High-profile civil and criminal cases emerged, as did investigative reporting—like the unfounded series by The Globe and Mail (Doolittle, 2017; Doolittle et al., 2017), which revealed the overrepresentation of incidents of sexual assault classified as unfounded by police. A reckoning for diverse fields and industries followed and, for some, institutional policies and procedures were adapted to prevent and better respond to non-consensual sexual experiences.

Monitoring the nature and prevalence of crime is essential to preventing and addressing crime. In Canada, the Uniform Crime Reporting (UCR) Survey the main tool used by policy makers and researchers for tracking and reporting crime. Since the UCR Survey was implemented in 1962, Statistics Canada has collected data on all crime that comes to the attention of police in the country. Since its inception, the UCR Survey has been revised several times to improve the quality of the data collected, to respond to changes in the definitions of different types of crime, and to better reflect emerging types of crime and information needs.

One such change to the collection of police-reported crime statistics was implemented on January 1, 2018, when a new definition of “founded” crime was disseminated to all police services in Canada, following extensive consultation with partners and the development of a new national standard (Canadian Centre for Justice Statistics, 2018; Greenland & Cotter, 2018). Essentially, following the change, the default position is for police to record criminal incidents as founded—that is, that reported incidents had in fact occurred—unless there is credible evidence demonstrating that incidents had not taken place. This new standard practice represents a shift to a more victim-centred approach to recording crime and explicitly recognizes the validity of third-party reporting.Note  In addition to the revised definition, more response categories were added to the UCR Survey to capture greater detail on the clearance status of incidents—that is, how police classify incidents that come to their attention—particularly those that are “not cleared” (unsolved).

This information is particularly relevant to the way reported incidents of sexual assault are treated by police due to the challenges that often exist in obtaining evidence for this type of crime. Self-reported data show that most incidents of sexual assault go unreported to police. Of the crimes covered by the 2019 General Social Survey (GSS) on Canadians’ Safety (Victimization), sexual assaultNote  was reported to police least often. In contrast to 36% of physical assaults and 47%E of robberies, only 6% of sexual assaults came to the attention of police in 2019 (Cotter, 2021). After controlling for other incident characteristics, sexual assault was about 80% less likely to be reported to the police compared to other violent crimes. Following revisions to the UCR Survey, more reported victim experiences are captured by police data.

High rates of unfounded crime may have negative ramifications for victims of sexual assault, and when sexual assault goes unreported to police, it is impossible to hold perpetrators accountable. In 2019, victims of self-reported sexual assault were more likely to report a lack of confidence in the police compared to those who were not sexually assaulted (17% versus 9%).Note  Further, victims of sexual assault were more likely than those who experienced other types of violent crime (i.e., physical assault and robbery) to say they did not report to police because they thought the incident was not important enough (65% versus 40%), they considered the incident to be a private or personal matter (58% versus 37%) and they did not want the hassle of dealing with the police (57% versus 40%).Note  Police standardizing a coding practice that reflects a more victim-centred approach, where victims and complainants are believed, is an important change to capture information more accurately about crime and seek justice for those affected.

This Juristat article explores recent trends in police-reported sexual assault (see Text box 1 for a list of criminal offences) and other selected types of violent crime, following the implementation of changes to the UCR Survey in 2018. Analysis includes a focus on clearance status and victim, accused person and incident characteristics, comparing results from 2017 to the years that followed the changes. Sufficient time has now passed for police services to update their records management systems and adapt to the new standards.

This Juristat article was produced with funding support from Women and Gender Equality Canada, as part of the National Action Plan to End Gender-based Violence (Women and Gender Equality Canada, 2022). It precedes another Juristat release which will discuss court outcomes of police-reported sexual assault in Canada.

Section 1: Founded and unfounded crime

The proportion of sexual assault classified as unfounded declined between 2017 and 2022

Before 2018, an incident was classified as “founded” in the UCR Survey if, after police investigation, it was determined that a crime had occurred, even if the accused person was unknown (Canadian Centre for Justice Statistics, 2018). As such, the police had to establish that an incident had taken place before proceeding with the case (i.e., finding credible evidence that corroborates a victim or complainant statement). For sexual assault specifically, a “justice gap” exists (Haskell & Randall, 2019). Victims are often traumatized, and they may report an incident many days after it occurred and have gaps in their memories. As such, their credibility and reliability may be questioned if they do not recall details about the incident. A lack of witnesses, and potential relationships between victims and perpetrators, may create additional investigative challenges. Misconceptions about sexual violence and rape myths persist, further complicating the process of seeking justice (CICS, 2018; Orchowski et al., 2022).

The definition of “founded” crime was updated in January 2018 as such: “An incident is founded if, after police investigation, it has been determined that the reported offence did occur or was attempted (even if the charged/suspect chargeable [accused person] is unknown) or there is no credible evidence to confirm that the reported incident did not take place. This includes third-party reports that fit these criteria.” With the updated definition, a lack of corroborating evidence following an investigation does not mean that an incident did not occur—and, as a result of this change, more incidents are captured by police data. The standardization of a practice that reflects a more victim-centred and trauma-informed approach to recording crime is particularly important for victims of sexual assault who may feel shame and stigmatization, think that they will not be believed by authorities, and know the perpetrator and worry about the consequences of reporting (Haskell & Randall, 2019; Orchowski et al., 2022).

Following the implementation of the new definition of founded crime, it was anticipated that unfounded incidents would decrease as more incidents were deemed founded but “not cleared” (unsolved) by police (i.e., due to incidents still being open and under investigation, there being insufficient evidence to proceed with laying or recommending a charge,Note  or the victim or complainant declining to proceed where no accused was identified; see Text box 2). Recent trends in police-reported violent crime have confirmed these assumptions, with the proportion of incidents classified as unfounded by police having declined.

In 2017, 14% of all reported incidents of sexual assault were classified by police as unfounded (14% of sexual assault level 1, 7% of sexual assault level 2 and 9% of sexual assault level 3), which dropped to 7% in 2022 (7% of sexual assault level 1, 3% of sexual assault level 2 and 4% of sexual assault level 3; Chart 1).Note 

Chart 1 start

Chart 1 Unfounded police-reported sexual assault and other selected types of violent crime, Canada, 2017 to 2022

Data table for Chart 1 
Data table for Chart 1
Table summary
This table displays the results of Data table for Chart 1. The information is grouped by Year (appearing as row headers), Sexual assault, Physical assault, Criminal harassment, Indecent or harassing communications and Total violent crime, calculated using percent of incidents reported to police units of measure (appearing as column headers).
Year Sexual assault Physical assault Criminal harassment Indecent or harassing communications Total violent crime
percent of incidents reported to police
2017 14 9 21 24 12
2018 12 9 21 21 11
2019 10 8 18 16 10
2020 9 8 17 15 9
2021 8 7 14 13 8
2022 7 6 13 11 7

Chart 1 end

This pattern was similar for overall violent crime. In 2017, 12% of all incidents of violent crime were deemed unfounded, declining each year since, and dropping to 7% in 2022. In 2022, 6% of physical assault, 13% of criminal harassment and 11% of indecent and harassing communications were also classified as unfounded. Combined, these four types of violations accounted for 67% of all unfounded violent crime in 2022.Note 

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Defining sexual assault and measuring the progression of incidents reported to police

In the Criminal Code, sexual assault is classified into three categories depending on the nature and severity of the assault:

  • Level 1 sexual assault (s. 271): assault of a sexual nature that violates the sexual integrity of the victim;
  • Level 2 sexual assault (s. 272): sexual assault that involves a weapon, threats to a third party or bodily harm to the victim;
  • Level 3 sexual assault (s. 273): aggravated sexual assault that involves wounding, maiming or disfiguring the victim, or endangering the life of the victim.

In this article, these three violations are grouped for analysis. Following revisions to the Uniform Crime Reporting Survey, the progression of incidents of sexual assault—from initial reporting to police through to police clearance—shifted in similar ways as overall violent crime (Figure 1). This included a larger number of incidents reported to police in 2022 than 2017, a larger proportion classified as founded, and a smaller proportion cleared (solved) by police. Of those that were solved, a larger proportion of incidents resulted in charges being laid or recommended by police.

Figure 1 start

Figure 1 Progression of police-reported sexual assault and violent crime, Canada, 2017 and 2022

Data table for Figure 1 
Data table for Figure 1
Table summary
This table displays the results of Data table for Figure 1 . The information is grouped by Progression of police-reported sexual assault and violent crime (appearing as row headers), Sexual assault, Violent crime, 2017 and 2022, calculated using number and percent units of measure (appearing as column headers).
Progression of police-reported sexual assault and violent crime Sexual assault Violent crime
2017 2022 2017 2022
number percent number percent number percent number percent
Incidents reported to police 28,824 Note ...: not applicable 38,720 Note ...: not applicable 461,899 Note ...: not applicable 573,421 Note ...: not applicable
Incidents classified as founded 24,740 86 35,965 93 406,626 88 531,243 93
Incidents cleared (solved) 13,312 54 17,072 47 284,808 70 300,759 57
Incidents cleared by chargeData table for Figure 1  Note 1 8,550 64 12,930 76 190,244 67 222,269 74

Figure 1 end

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While women and girls are overrepresented among victims of police-reported sexual assault, similar increases noted regardless of victim gender

Like other types of sexual violence, sexual assault is a highly gendered crime (Burczycka, 2021; Burczycka, 2020; Conroy & Cotter, 2017; Cotter, 2021; Cotter & Savage, 2019; Perreault, 2020a; Perreault, 2020b; Rotenberg & Cotter, 2018). In 2022, women and girls accounted for just over half (53%) of victims of police-reported violent crime,Note  but they represented nine in ten (90%) victims of sexual assault (Table 1).Note  While the rate of violent victimization was somewhat higher for women and girls (1,208 per 100,000 population versus 1,081 for men and boys), the rate of sexual assault was nearly nine times higher for women and girls (161 per 100,000 population versus 19 for men and boys).Note  This gender difference is consistent with self-reported sexual assault: according to the 2019 GSS on Victimization, there were 30 incidents of sexual assault per 1,000 population, and it was significantly higher among women than men (50 versus 9 per 1,000 population; Cotter, 2021).Note 

In 2022, the median age of victims of sexual assault was 21 years for women and girls, and 17 years for men and boys.Note  Level 1 sexual assault accounted for the vast majority (98%) of police-reported sexual assault (Table 1). More than nine in ten (96%) accused persons were men and boys, and most (74%) victims knew the person accused of committing the crime.Note  Between 2017 and 2022, these proportions were similar year over year.Note 

Had the new definition of “founded” been in place in 2017, the number of incidents of founded sexual assault that year likely would have been higher. Still, since then, the rate of sexual assault increased 38% (Chart 2), going from 66 to 91 victims per 100,000 population.Note  Similar increases were noted among women and girls (+37%) and men and boys (+36%). Violent crime overall—and other selected types of violent crime—also increased during this time, although to a lesser extent than sexual assault.

Chart 2 start

Chart 2 Percent change in rate for police-reported sexual assault and other selected types of violent crime, by victim gender, Canada, 2017 and 2022

Data table for Chart 2 
Data table for Chart 2
Table summary
This table displays the results of Data table for Chart 2. The information is grouped by Type of violation (appearing as row headers), Women and girls, Men and boys and Total, calculated using percent change units of measure (appearing as column headers).
Type of violation Women and girls Men and boys TotalData table for Chart 2 Note 1
percent change
Sexual assault 37 36 38
Physical assault 18 19 19
Criminal harassment 12 24 15
Indecent or harassing communications 18 20 19
Total violent crime 19 17 18

Chart 2 end

While police-reported data provide important insight into crime trends in Canada, the potential drivers of change over time should be provided for necessary context and considered when examining trends. This is particularly important when new definitions and coding practices are introduced. As such, recent increases in police-reported sexual assault specifically and violent crime more broadly could be the result of multiple factors, including changes to the definition of “founded,” leading more incidents to be classified as founded even if they are uncleared; changes in reporting practices among the population, such as increases following the awareness raised by the #MeToo movement (Rotenberg & Cotter, 2018); and changes in the actual level of crime in society.

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Text box 2
New clearance status categories for uncleared incidents

Along with the changes to the definition of “founded” crime, revisions were made to the clearance status categories (i.e., how police classify founded incidents) available to police in the Uniform Crime Reporting (UCR) Survey. Most notably, the “not cleared” category was expanded with more detailed options to better reflect the reasons why incidents may remain uncleared. The new categories are as follows:

  • Not cleared—open/still under investigation: This clearance option is to be used for all open investigations and for those where action has yet to be taken on the reported incident. It includes incidents that cannot be classified as “insufficient evidence to proceed” or “victim/complainant declines to proceed (no charged/suspect chargeable [accused person] identified).”
  • Not cleared—insufficient evidence to proceed: This clearance option is to be used for incidents where there is insufficient or conflicting evidence for the police service to substantiate laying a charge or recommending a charge to the Crown. This category responds to investigative challenges that may exist and complements the new definition of founded crime.
  • Not cleared—victim/complainant declines to proceed (no charged/suspect chargeable [accused person] identified): This clearance option is to be used for incidents where an accused cannot be identified either because the victim/complainant or other witnesses do not want to identify the accused person or they do not want to actively participate in the investigation. This category captures the situation where a victim wants the incident to be reported but may not be ready to identify the accused.

As police services updated their records management systems from 2018 onward, they began to classify uncleared incidents using these new clearance status categories. While 100% of uncleared incidents of sexual assault were classified as simply “not cleared” between 2009 and 2016, this dropped to 58% in 2018 and to 2% in 2022 as new clearance status categories were adopted.Note  This was similar for overall violent crime.

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Section 2: General clearance status trends

A growing proportion of sexual assault incidents is uncleared by police, reaching six in ten incidents in 2022

Previously, without corroborating evidence, reported crimes were classified as unfounded. Since 2018, these incidents are captured by police data unless there is credible evidence proving incidents did not occur. As such, more incidents are recorded as founded, even if the police were unable to proceed with the cases.

Uncleared incidents accounted for 48% of all police-reported sexual assault in 2017—the last full year of data collection prior to the implementation of revised clearance status categories—and increased to 59% in 2022 (Table 2; Chart 3). Relative to 2017, more incidents of sexual assault were cleared by the laying or recommendation of charges in 2022. However, the increase in uncleared incidents was much larger and, therefore, the proportion of incidents that were cleared by charge decreased from 34% in 2017 to 31% in 2022. Meanwhile, the proportion of incidents that were cleared otherwise (for example, those where the victim or complainant requested that no further action be taken where an accused person was identified and those cleared due to departmental discretionNote ) declined from 18% to 10%.

Chart 3 start

Chart 3 Police-reported sexual assault, by incident clearance status, Canada, 2009 to 2022

Data table for Chart 3 
Data table for Chart 3
Table summary
This table displays the results of Data table for Chart 3. The information is grouped by Year (appearing as row headers), Number of incidents, Not cleared, Cleared by charge and Cleared otherwise, calculated using percent of incidents units of measure (appearing as column headers).
Year Number of incidents Not cleared Cleared by chargeData table for Chart 3 Note 1 Cleared otherwise
percent of incidents
2009 18,733 38 41 20
2010 20,023 40 41 19
2011 19,806 40 41 19
2012 19,823 40 41 18
2013 19,225 40 42 18
2014 18,756 41 42 17
2015 19,057 43 39 18
2016 19,454 47 35 18
2017 22,543 48 34 18
2018 25,848 50 36 14
2019 28,545 54 35 12
2020 26,535 53 37 10
2021 31,460 55 35 10
2022 33,293 59 31 10

Chart 3 end

Clearance status trends for other selected types of violent crime were generally consistent (Table 2). In 2022 specifically, sexual assault was less often cleared by charge compared to overall violent crime. This may reflect the nature of sexual assault, the impact on victims and the existing barriers in the criminal justice system that can create investigative and prosecutorial challenges (Rotenberg, 2017a). Police-reported data from 2022 show that, while 31% of sexual assault was cleared by charge, 38% of overall violent crime was cleared this way. Similarly, cleared by charge was more common for physical assault (46%) and criminal harassment (37%) than sexual assault. Meanwhile, only 5% of indecent and harassing communications was cleared by charge.Note 

Across nearly all provinces and territories, the proportion of incidents of sexual assault and overall violent crime that were uncleared increased between 2017 and 2022, while the proportion of those that were cleared by charge decreased (Table 3). In most provinces and territories, this was due to the number of uncleared incidents increasing to a larger degree than incidents that were cleared by charge. The one exception to this pattern was Quebec. In that province, while the proportion of uncleared sexual assault and overall violent crime increased between 2017 and 2022 (from 40% to 59% and from 22% to 35%, respectively), so did the proportion of incidents cleared by charge (from 29% to 32% and from 43% to 50%, respectively).Note 

Since 2020, uncleared violent crime outnumbers violent crime cleared by charge

In terms of overall violent crime, prior to the implementation of UCR revisions, the proportion of incidents cleared by the laying or recommendation of charges was consistently higher than the proportion of those that were uncleared. Between 2009 and 2017, less than one-third of violent incidents were classified as uncleared by police each year (Table 2; Chart 4). In 2018, the proportion of violent incidents that were uncleared increased to 35%. This increased again in 2019, to 41%, at which point it was nearly equal to the proportion of violent incidents that were cleared by charge (42%). Since then, the proportion of violent incidents that were uncleared was larger than the proportion of those that were cleared by charge each year—reaching 47% and 38% of all violent incidents, respectively, in 2022.

Chart 4 start

Chart 4 Police-reported violent crime, by incident clearance status, Canada, 2009 to 2022

Data table for Chart 4 
Data table for Chart 4
Table summary
This table displays the results of Data table for Chart 4. The information is grouped by Year (appearing as row headers), Number of incidents, Not cleared, Cleared by charge and Cleared otherwise, calculated using percent of incidents units of measure (appearing as column headers).
Year Number of incidents Not cleared Cleared by chargeData table for Chart 4 Note 1 Cleared otherwise
percent of incidents
2009 384,177 30 43 27
2010 378,696 30 43 27
2011 368,361 30 43 27
2012 359,664 30 44 27
2013 333,951 30 44 26
2014 322,213 30 45 26
2015 331,656 31 44 24
2016 335,035 31 45 24
2017 350,039 32 44 24
2018 368,232 35 44 21
2019 418,341 41 42 17
2020 418,810 43 41 16
2021 445,003 45 40 15
2022 466,641 47 38 15

Chart 4 end

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Text box 3
Charges recommended by police but declined by Crown

Across most of Canada, police are responsible for laying charges. However, in New Brunswick, Quebec and British Columbia, pre-charge approval by the Crown is required for the police to lay charges. In addition, some criminal violations require Crown charge approval according to legislation, regardless of province or territory.

Previously, police records management systems classified some incidents as uncleared where police in these jurisdictions decided there was enough evidence to proceed with a charge, but the Crown declined to proceed with the case. For this reason, an additional clearance status category was added to the Uniform Crime Reporting (UCR) Survey to capture these situations, where charges were recommended by police (and therefore, from a policing perspective, the incident was cleared or solved) but declined by the Crown.

In addition to the new clearance status categories for uncleared incidents in the UCR Survey (Text box 2), a new category was added for incidents that were cleared by the laying or recommendation of charges:

  • Cleared—Charges recommended but all declined by Crown: When the police have recommended to the Crown that charges be laid, but the Crown declines to proceed with all the proposed charges. This clearance options applies to provinces that require Crown charge approval (i.e., Quebec, British Columbia and New Brunswick), but can also be used by police in other provinces and territories where an incident involves a recommendation to the Crown.

At the national level, in 2022, charges were recommended by police but declined by the Crown for 4% of incidents of sexual assault and 4% of violent incidents reported to police (Table 2). This varied by province or territory, as would be expected given different jurisdictional policies and procedures. The pre-charge approval provinces of Quebec (11%), British Columbia (7%) and New Brunswick (7%) had the largest proportions of incidents of sexual assault where police recommended charges but the Crown declined to proceed.Note  Meanwhile, the Crown declined to proceed with a charge for 15% of violent incidents in Quebec, 5% in British Columbia and 3% in New Brunswick.

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In 2022, insufficient evidence to proceed with a charge most common clearance status for sexual assault

A key motivation for the clearance status revisions in the UCR Survey was that new clearance status categories allow the police to capture more detail about why incidents are classified as uncleared. Following the implementation of these revised categories, in 2022, 10,028 incidents of sexual assault were classified by police as having insufficient evidence to proceed with laying or recommending a charge, representing 30% of all police-reported sexual assault (Table 2). Among uncleared incidents, half (51%) of sexual assault was classified in this way, followed by the victim or complainant declining to proceed where no accused person was identified (30%) and the case being open and still under investigation (17%).Note  This pattern was similar for other selected types of violent crime, but a relatively larger proportion of uncleared sexual assault was open and still under investigation (Chart 5).

Chart 5 start

Chart 5 Uncleared police-reported sexual assault and other selected types of violent crime, by detailed incident clearance status, Canada, 2022

Data table for Chart 5 
Data table for Chart 5
Table summary
This table displays the results of Data table for Chart 5. The information is grouped by Type of violation (appearing as row headers), Sexual assault, Physical assault, Criminal harassment, Indecent or harassing communications and Total violent crime, calculated using percent of uncleared incidents units of measure (appearing as column headers).
Type of violation Sexual assault Physical assault Criminal harassment Indecent or harassing communications Total violent crime
percent of uncleared incidents
Not clearedData table for Chart 5 Note 1 2 2 3 Note 0s value rounded to 0 (zero) where there is a meaningful distinction between true zero and the value that was rounded 2
Open, still under investigation 17 8 8 4 9
Insufficient evidence to proceed 51 62 75 85 66
Victim or complainant declined to proceed (no accused identified) 30 29 13 11 23

Chart 5 end

Similarly, for overall violent crime, the most common reason incidents were uncleared was that there was insufficient evidence to proceed. In 2022, two-thirds (66%) of uncleared incidents of violent crime were classified this way. Similar to sexual assault, uncleared violent crime with insufficient evidence to proceed was followed by the victim or complainant declining to proceed where no accused person was identified (23%) and the case being open and still under investigation (9%).Note 

Regardless of victim gender, this pattern was consistent for uncleared sexual assault. Most often, police classified sexual assault as uncleared due to insufficient evidence to proceed (50% of uncleared sexual assault where victims were girls and women versus 57% where victims were men and boys), due to the victim or complainant declining to proceed where no accused person was identified (31% versus 27%) and due to the case still being open and under investigation (17% versus 15%).Note  The pattern for these clearance categories was also consistent for uncleared violent crime more broadly, for victims who were women and girls (63%, 24% and 11%, respectively) and men and boys (61%, 27% and 10%, respectively).

Proportion of sexual assault cleared otherwise nearly halved since 2017

Aside from uncleared incidents and incidents cleared by charge, incidents can be cleared otherwise. This classification includes a wide range of reasons.Note  In 2022, sexual assault that was cleared otherwise was most often cleared due to the victim or complainant requesting that no further action be taken where an accused person was identified (60%) or due to departmental discretion (18%).Note  These were also the most common reasons for overall violent crime that was cleared otherwise (61% and 29%, respectively) and other selected types of violent crime.

Unlike uncleared incidents, the number and proportion of incidents that were cleared otherwise declined since 2017. Nearly one in five (18%) incidents of sexual assault were cleared otherwise in 2017, dropping to one in ten (10%) in 2020. Since then, it has remained unchanged. The decrease in the proportion of incidents cleared otherwise was also noted for overall violent crime (from 24% in 2017 to 15% in 2022) and for other selected types of violent crime.Note 

In terms of clearance due to the victim or complainant requesting that no further action be taken where an accused person was identified, similar proportions of sexual assault (6%), criminal harassment (7%) and indecent or harassing communications (6%) were cleared in this way in 2022. Meanwhile, this clearance status was relatively more common for overall violent crime (9%) and physical assault (11%).

Section 3: Clearance status trends by victim, accused person and incident characteristic

One in three women and girls, and one in five men and boys, who were sexually assaulted saw the incident cleared by charge in 2022

In 2022, sexual assault was more often cleared by the laying or recommendation of charges when the victim was a woman or girl (33%) than a man or boy (21%) (Table 4). Regardless of gender, clearance status in 2017 and 2022 matched the general trend—as the proportion that was uncleared increased, the proportion that was cleared by charge decreased.

In terms of age, children and youth had a higher proportion of sexual assault that remained uncleared than their adult counterparts (62% versus 56%) in 2022. It is important to note that young victims of crime—sexual assault or otherwise—may not be able to fully convey their experiences to authorities and this can impact how the police proceed with such cases (CICS, 2018; Haskell & Randall, 2019; Orchowski et al., 2022). The general clearance status trend applied for all age groups except seniors, among whom the proportion of sexual assault that was cleared by charge increased slightly between 2017 and 2022 (from 19% to 21%).

In 2022, when it came to gender and age group—considered together—sexual assault experienced by women and girls was most often uncleared when the victim was a girl aged 17 or younger (61%) and it was most often cleared by charge when the victim was a woman aged 18 to 64 (38%) (Chart 6).Note  Among men and boys who were victims, uncleared sexual assault was most common for senior men aged 65 and older (70%), while sexual assault cleared by charge was most common for men aged 18 to 64 (24%).

Chart 6 start

Chart 6 Victims of police-reported sexual assault, by gender, age group and incident clearance status, Canada, 2022

Data table for Chart 6 
Data table for Chart 6
Table summary
This table displays the results of Data table for Chart 6. The information is grouped by Victim gender and age group (appearing as row headers), Not cleared, Cleared by charge and Cleared otherwise, calculated using percent of victims units of measure (appearing as column headers).
Victim gender and age group Not cleared Cleared by chargeData table for Chart 6 Note 1 Cleared otherwise
percent of victims
Girls
(n=11,696)
61 25 14
Adult women
(n=18,753)
55 38 7
Senior women
(n=630)
57 22 21
Boys
(n=1,829)
62 18 20
Adult men
(n=1,697)
66 24 10
Senior men
(n=82)
70 11 20

Chart 6 end

Victims of sexual assault most often saw the incident cleared by charge when the accused was an intimate partner

In 2022, police-reported sexual assault was most often perpetrated by a friend or an acquaintance (31%), an intimate partnerNote  (21%), a stranger (13%) or a family memberNote  (13%), while 13% involved an unknown accused–victim relationship (Table 1).Note  This was consistent for women and girls who were sexually assaulted (31%, 22%, 13%, 12% and 12%, respectively).Note  Among men and boys who were sexually assaulted, a friend or an acquaintance was also most common (34%), while a family member (21%) was more common than an intimate partner (7%) or a stranger (11%), and 13% had an unknown relationship with the accused.

Clearance status varied according to the type of relationship between the accused and the victim. In 2022, victims of sexual assault most often saw the incident cleared by the laying or recommendation of charges when the accused was an intimate partner (50%) (Table 5). Cleared by charge was much less common for other relationship types. Sexual assault where the accused–victim relationship was unknown was most often uncleared (80%), followed by parentsNote  (68%) and strangers (66%). Between 2017 and 2022, all accused–victim relationship types for sexual assault followed the general trend for clearance status, with the proportion of uncleared incidents increasing as those cleared by charge decreased.

Among cleared incidents, eight in ten (81%) accused were adults—most often, aged 18 to 30 (Table 1). A larger proportion of incidents were cleared by charge when the accused was an adult than a youth (81% versus 60%; Table 6). In terms of gender, the incident being cleared by charge was more common when those accused of sexual assault were men and boys than women and girls (78% versus 60%). Regardless of age group and gender, the proportion of accused that were cleared by charge increased between 2017 and 2022. This was similar for overall violent crime and other selected types of violent crime.

Cleared by charge most common where victims of sexual assault sustained a physical injury

Nearly one in five (18%) victims of sexual assault sustained a physical injury in 2022 (Table 1),Note  and a larger proportion of victims saw the incident they experienced cleared by the laying or recommendation of charges when an injury resulted from the sexual assault than when there was no documented injury (46% versus 30%) (Table 5). More specifically, 46% of victims who sustained a minor injuryNote  saw the incident cleared by charge, and this increased to 58% of those who suffered a major injury.Note  Clearance status according to level of injury for sexual assault did not differ from the general clearance status trend between 2017 and 2022.

Aside from physical injury, sexual assault can have profound emotional and psychological impacts on victims. Some of these impacts include shock, anger, fear, hypervigilance, nightmares and feeling of detachment (Haskell & Randall, 2019). While the UCR Survey does not capture information about such impacts, results from the 2019 GSS on Victimization provide insight. Victims of self-reported sexual assault most commonly reported feeling upset, confused or frustrated (52%) or angry (46%), and about one-quarter (27%) had difficulty carrying out everyday activities, as a result of the incident they experienced. Further, one in five (20%) victims of sexual assault reported experiencing three or more longer-term emotional impacts,Note  consistent with post-traumatic stress disorder.

Compared to three in ten incidents of level 1 sexual assault, majority of level 2 and 3 sexual assault cleared by charge

An indicator of the nature of police-reported sexual assault is the most serious Criminal Code offence that applies for a given incident (see Text box 1). In 2022, while 60% of level 1 sexual assault was uncleared, 31% of level 2 sexual assault and 43% of level 3 sexual assault were classified as such (Table 7). Inversely, incidents of level 2 (65%) and level 3 (54%) sexual assault were more often cleared by the laying or recommendation of charges than level 1 sexual assault (30%). Given the nature of level 2 and level 3 sexual assault, physical injury is more common—contributing to evidence that the crime occurred—enabling the police to proceed with charges.

While the general clearance status trend indicates that the proportion of uncleared incidents increased as the proportion that was cleared by charge decreased, the same did not apply to level 2 sexual assault specifically. In 2017, 39% of level 2 sexual assault was uncleared, declining to 31% in 2022. Meanwhile, 53% of level 2 sexual assault was cleared by charge in 2017, increasing to 65% in 2022.Note 

Incidents of sexual assault with a weapon present more often cleared by charge

Police-reported data capture whether a weapon was present during the commission of an offence, an indication of the severity of the incident.Note  In 2022, a small proportion (3%) of incidents of sexual assault involved the presence of a weapon (Table 1),Note  and sexual assault where a weapon was present was more often cleared by the laying or recommendation of charges (58%) than those with threats (39%), physical force (32%) and no weapon (26%) (Table 7). Inversely, a larger proportion of incidents of sexual assault with physical force (57%), no weapon (55%) and threats (49%) were uncleared compared to those with a weapon present (36%).

Between 2017 and 2022, sexual assault with a weapon present that was cleared by charge remained unchanged (58% both years). Notably, sexual assault with no weapon present and sexual assault with threats did not follow the general clearance status trend.Note  The proportion of sexual assault incidents with no weapon present that were uncleared decreased during this period (from 77% to 55%), while the proportion of those that were cleared by charge increased (from 11% to 26%). The same emerged for sexual assault with threats: uncleared decreased (from 56% to 49%) as cleared by charge increased (from 28% to 39%). These differences were largely unique to sexual assault, as overall violent crime and other selected types of violent crime typically reflected the general clearance status trend regardless of the most serious weapon present.

Two-thirds of incidents of sexual assault isolated or single-day incidents, nearly one in four lasted more than a week

Different police services may document the length of incidents in different ways. For example, police may only record the incident end date, which may not capture the possible ongoing nature of some types of victimization (e.g., prolonged sexual abuse or repeat sexual assault). This is particularly true for incidents that are not reported soon after they occur. With that in mind, some differences in clearance status trends did emerge based on the documented length of an incident.

In 2022, isolated or single-day accounted for two-thirds (68%) of incidents of sexual assault—that is, those that were recorded by police as having started and ended on the same date (Table 1). Meanwhile, about one in ten (9%) were ongoing incidents that lasted up to one weekNote  and nearly one in four (23%) were ongoing incidents that lasted more than a week.Note  Isolated or single-day incidents matched the general clearance status trend between 2017 and 2022 (Table 8). Where the period of sexual assault was ongoing, it differed: the proportion of incidents cleared by charge increased slightly (from 33% to 34%). Ongoing incidents also had an increase in the proportion that was cleared by charge when it came to overall violent crime and other selected types of violent crime.

Sexual assault reported to police more than one year after occurring had the largest proportion of uncleared incidents, followed by those reported on the same day

Previous analysis of police-reported data has shown that, compared to physical assault, it is more common for there to be delay between a sexual assault occurring and the incident being reported to police (Rotenberg, 2017a; Rotenberg, 2017b). The decision to report sexual assault can be complex. Victims may not feel safe or comfortable reporting due to a lack of confidence in the justice system, a sense of shame or stigma, perceptions and myths about sexual violence, and concern about what might happen to the perpetrator if it is someone they know (Haskell & Randall, 2019; Orchowski et al., 2022). In 2022, half (49%) of sexual assault incidents were reported to police on the same day they occurred (Table 1).Note  This compared to 88% of physical assault, 82% of criminal harassment, 90% of indecent or harassing communications and 84% of overall violent crime.Note 

Sexual assault that was reported to police more than one year after occurring had the largest proportion of incidents that remained uncleared in 2022 (64%) (Table 8). Interestingly, this was followed by sexual assault that was reported on the same day as the incident (60%). Slightly smaller proportions of uncleared incidents were noted for sexual assault that was reported within one weekNote  (57%), within one monthNote  (56%) and within one year (55%)Note  of the incident.

In contrast to the general clearance status trend, between 2017 and 2022, the proportion of sexual assault that was cleared by charge increased slightly for incidents that were reported to police within one month (from 32% to 33%) and within one year (from 32% to 34%) of occurring. In terms of the general trend, there were also some differences for cleared by charge for overall violent crime and other selected types of violent crime.

Four in ten incidents of sexual assault missing at least one key factor on file

Compared to other types of crime, sexual assault can be challenging to investigate due to the possible absence of physical evidence and witnesses, combined with the sensitivity of sexual crimes. A delay in reporting may further complicate investigations, as victims may not recall certain details after time has passed. In 2022, four in ten (41%) incidents of sexual assault had at least one key factor missing on file, including the time of the incident, the location of the incident, the accused–victim relationship, the most serious weapon present and the level of injury sustained by the victim (Table 1).Note  This compared to 22% of physical assault, 22% of criminal harassment, 23% of indecent and harassing communications, and 24% of overall violent crime.Note 

Cleared by charge correlated with missing factors on the incident file. Where none of the five key factors mentioned above were missing, 36% of victims of sexual assault saw the incident cleared by charge in 2022 (Table 9). This proportion dropped to 27% where there was one unknown factor and to 10% where there were two or more unknown factors. These results highlight the reality that when key elements of a case are missing or not known by police, it is more difficult to proceed with charges. Regardless of the number of unknowns, clearance status for sexual assault according to incomplete information on the incident file followed the general trend—the proportion of uncleared incidents increased while cleared by charge decreased between 2017 and 2022.

Summary

Sexual assault is a highly gendered crime, with women and girls accounting for nine in ten victims of police-reported sexual assault in 2022. Over the past decade, public perception and understanding of sexual assault, and other forms of sexual violence and sexual misconduct, have greatly evolved. A standard coding practice that reflects more victim-centred approach to classifying reported incidents of crime, including sexual assault, has been adopted by police services in Canada. Victims and complainants are believed, and more incidents are captured by police data.

In January 2018, a new definition of “founded” crime, in the Uniform Crime Reporting (UCR) Survey, came into effect. Essentially, the standard practice among police services is to record criminal incidents unless there is credible evidence demonstrating they had not occurred. Further, clearance status revisions were made so that police could capture more detail about the incidents they investigate. It was anticipated that, following these changes, unfounded incidents would decrease as more incidents were deemed founded and uncleared by police. Recent trends in police-reported violent crime confirmed these assumptions.

In 2017, the last full year of data collection prior to the revisions, 14% of all reported incidents of sexual assault were classified as unfounded by police, and this decreased to 7% in 2022. Had the new definition of “founded” been in place in 2017, the number of incidents of founded sexual assault that year likely would have been higher. Still, the rate of sexual assault among victims increased 38% between 2017 and 2022, and the number of such incidents grew from 22,543 to 33,293.

Similar to overall violent crime, uncleared incidents accounted for much of the recent increase in police-reported sexual assault, representing 48% of sexual assault in 2017 and 59% in 2022. While a greater number of sexual assault incidents resulted in the laying or recommendation of charges in 2022 compared to 2017, given the substantial increase in uncleared incidents, the proportion of sexual assault cleared by charge decreased from 34% to 31%. Meanwhile, the proportion of incidents that were cleared otherwise declined from 18% to 10%.

In 2022, 10,028 incidents of sexual assault were classified by police as having insufficient evidence to proceed with laying or recommending a charge, representing 30% of all police-reported sexual assault. Among uncleared incidents, half (51%) of sexual assault was classified in this way, followed by the victim or complainant declining to proceed where no accused person was identified (30%) and the case being open and still under investigation (17%).

Detailed data tables

Table 1 Police-reported sexual assault, by victim, accused person and incident characteristic, Canada, 2017 to 2022

Table 2 Police-reported sexual assault and other selected types of violent crime, by detailed incident clearance status, Canada, 2017 to 2022

Table 3 Police-reported sexual assault and other selected types of violent crime, by province or territory, region and incident clearance status, 2017 and 2022

Table 4 Victims of police-reported sexual assault and other selected types of violent crime, by gender, age group and incident clearance status, Canada, 2017 and 2022

Table 5 Victims of police-reported sexual assault and other selected types of violent crime, by accused–victim relationship, level of injury and incident clearance status, Canada, 2017 and 2022

Table 6 Persons accused of police-reported sexual assault and other selected types of violent crime, by gender, age group and incident clearance status, Canada, 2017 and 2022

Table 7 Police-reported sexual assault and other selected types of violent crime, by type of violation, most serious weapon present and incident clearance status, Canada, 2017 and 2022

Table 8 Police-reported sexual assault and other selected types of violent crime, by length of incident, delay in reporting to police and incident clearance status, Canada, 2017 and 2022

Table 9 Police-reported sexual assault and other selected types of violent crime, by incomplete information on incident file and incident clearance status, Canada, 2017 and 2022

Survey description

General Social Survey on Canadians’ Safety (Victimization)

In 2019, Statistics Canada conducted the General Social Survey (GSS) on Canadians’ Safety (Victimization) for the seventh time. Previous cycles were conducted in 1988, 1993, 1999, 2004, 2009 and 2014. The main objective of the GSS on Victimization is to better understand issues related to the safety and security of Canadians, including perceptions of crime and the justice system, experiences of intimate partner violence, and how safe people feel in their communities. The target population is persons aged 15 and older living in the provinces and territories, except for those living full-time in institutions.

Data collection took place between April 2019 and March 2020. Responses were obtained by computer-assisted telephone interviews (CATI), in-person interviews (in the territories only) and, for the first time, the GSS on Victimization offered a self-administered internet collection option to survey respondents in the provinces and in the territorial capitals. Respondents were able to respond in the official language of their choice.

The sample size for the GSS on Victimization was 22,412 respondents, with a response rate of 37.6%. Respondents in the sample were weighted so that their responses represent the non-institutionalized Canadian population aged 15 and older.

Uniform Crime Reporting Survey

The Uniform Crime Reporting (UCR) Survey collects detailed information on criminal incidents that have come to the attention of police services in Canada. Information includes characteristics of victims, accused persons and incidents. In 2022, trend data from police services covered 99% of the population of Canada.

One incident can involve multiple offences. To ensure comparability, counts are presented based on the most serious offence related to the incident as determined by a standard classification rule used by all police services.

Victim age is calculated based on the end date of an incident, as reported by the police. Some victims experience violence over a period of time, sometimes years, all of which may be considered by the police to be part of one continuous incident. Information about the number and dates of individual incidents for these victims of continuous violence is not available.

Given that small counts of victims identified as “non-binary” may exist, the UCR Survey data available to the public have been recoded to assign these counts to either “women and girls” or “men and boys” to ensure the protection of confidentiality and privacy. Victims identified as non-binary have been assigned to either women and girls or men and boys based on the regional distribution of victims’ gender.

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