Juristat
Criminal justice outcomes of sexual assault in Canada, 2015 to 2019

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The criminal justice process can be long, and there are numerous potential points of attrition from when a crime occurs to a final decision in court. Attrition refers to the phenomenon whereby, at each stage of the criminal justice process, some cases do not proceed further, and fewer cases remain or are retained throughout the entirety of the process.

In Canada, concerns about the way victims of sexual assault are treated throughout the criminal justice process, from initial reporting to the end of sentencing, led to the announcement of a systemic investigation by the Office of the Federal Ombudsperson for Victims of Crime (OFOVC, 2024).^Note    Some research has found that sexual assault is particularly susceptible to attrition due to numerous social myths and biases about this type of violence (Johnson, 2012), and these concerns have persisted for decades (Johnson & Dawson, 2011; Spohn, 2020). Additionally, attrition—even if a victim does not necessarily want to pursue their case in the formal criminal justice system—can have negative impacts in that knowledge of, access to, or connections with other support services, which may be introduced or facilitated by police or courts, may be limited (Murphy-Oikonen et al., 2022).

The impact of attrition is not the same for all victims of crime. For some, a sense of justice may not necessarily come from within the formal justice system, but rather through a sense of meaningful participation and recognition of their voice and experience (McGlynn & Westmarland, 2018; McGlynn, Downes & Westmarland, 2016; Naylor, 2010; Wemmers et al., 2022). Some victims may see it as a means to avoid the possibility of revictimization or retraumatization during the court process (Senate Canada, 2017; Wemmers et al., 2022). In other cases, police or courts may determine that there is not enough evidence to support the laying of charges or secure a conviction in a criminal court. However, if there are systematic patterns of greater attrition for certain types of crime—such as sexual assault—further investigation is warranted to better understand where and why these cases may be dropping out of the criminal justice system more frequently relative to other types of violent crime.

This Juristat article builds upon previous reports^Note  and provides updated information on how incidents of sexual assault proceed through the criminal justice system, from police to courts.^Note  It also focuses on characteristics of incidents, victims, and accused persons that are associated with differential outcomes or levels of attrition. Other violent crimes, such as physical assault, are also examined as a reference point. It should be noted that these are included in order to provide general context to patterns and shifts over time. Sexual assault and other types of crime are not directly comparable due to many important differences that impact the way in which they proceed through the criminal justice system. This includes the particularly sensitive nature of sexual offences, barriers to reporting that are uniquely or acutely present for victims of sexual assault, and the numerous stereotypes and myths related to sexual violence (Johnson, 2012; Johnson & Dawson, 2011; Spohn, 2020; Venema, 2014; Wentz, 2019).

Sexual assault is a highly gendered crime: the vast majority of victims of sexual assault are women and girls, and the vast majority of accused persons are men and boys (Conroy, 2024; Cotter, 2021). As such, analyzing how sexual assault progresses through the criminal justice system also offers an opportunity to examine how gender-based violence is handled by police and criminal courts in Canada.

This analysis focuses on two distinct five-year periods: incidents that were reported to police between the years 2010 to 2014 and 2015 to 2019. Given the focus on attrition, data from 2020 onward are excluded from the current analysis. Incidents reported to police in 2020, 2021, or 2022 may still have been before the courts as of the end of 2021/2022.^Note  This is a particular concern for sexual assault cases, which are known to take longer to process than other types of violent crime (Rotenberg, 2017), and are less likely to be completed the same year in which they are initiated (Karam et al., 2020). Therefore, in order to avoid biasing the overall measure of attrition relative to other offences and other time periods, these incidents are excluded. Some information is nevertheless provided to examine early indicators of court processing (see Text box 5).

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).

Vast majority of sexual assault incidents are not reported to police

Self-reported data in Canada have consistently shown that only a small proportion of sexual assaults are brought to the attention of police (Conroy & Cotter, 2017). This is the first potential point of attrition for sexual assault—and the most substantial. In 2019, the most recent year for which data are available, there were approximately 940,000 incidents of sexual assault, 6% of which were reported to police.^Note  While most physical assaults are similarly not reported to police, the reporting rate was nevertheless significantly higher than for sexual assault (36% of the approximately 1,449,000 incidents).^Note 

The most common reasons cited by victims for not reporting sexual assault were a perception that the incident was not important enough to warrant reporting (65% of incidents which were not reported) or seen by the victim as minor (63%), that the incident was private or personal (58%), or the desire to avoid the hassle of dealing with the police (57%) (Chart 1). These were also among the more common reasons for not reporting other types of violent crime.^Note 

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Perceptions of police and courts often cited as reasons for not reporting sexual assault

Many of the reasons provided for not reporting sexual assault specifically referred to concerns with the criminal justice system. As noted, nearly six in ten (57%) victims who did not report a sexual assault said it was because they did not want the hassle of dealing with police. This was significantly higher than the proportion of those who did not report another type of violent crime to the police for the same reason (40%).^Note 

Along the same lines, those who were sexually assaulted cited fear of the court process or not wanting to deal with the court process (42%) or a belief that police would be biased (23%) more often than victims of other types of violent crime (21% and 7%, respectively). Furthermore, while it was not statistically different from other types of violent crime, 43% of those who did not report sexual assault said it was because they felt the offender would not be convicted or adequately punished.

Other research has similarly noted that victims of sexual assault may be deterred from reporting due to a sense of hesitancy to engage with the formal criminal justice system, and sometimes specifically with police (Johnson, 2017; Lorenz, Dewald & Venema, 2021; Venema, 2014).  This hesitancy may be based on past experiences, the experiences of others, or a fear that expectations will not be met, and the process will not ultimately be worthwhile or could perhaps cause additional harm. Furthermore, challenges or concerns with police and the criminal justice system may be heightened among certain populations, such as racialized groups, Indigenous people, and LGBTQ2+ people, who have less confidence in police or rate their performance less favourably (Cotter, 2022; Ibrahim, 2020).    

Additionally, some differences in the reasons for not reporting an incident of violent victimization suggest that there are barriers to reporting that are more often experienced by victims of sexual assault. For example, feelings of shame or embarrassment (42%), a perception that they wouldn’t be believed (30%), or that reporting would bring shame and dishonour to their family (26%) were much more commonly cited by victims of sexual assault than by victims of other types of violent crime (6%, 7%, and 2%, respectively). The 2019 GSS also found that victims of sexual assault were more likely than victims of other violent crimes to cite their belief that no harm was intended (46% versus 17%) as a reason for not reporting.

Many of these barriers have been noted in other research on sexual assault disclosure to police (Johnson, 2012; Sable et al., 2006; Taylor & Gassner, 2010; Venema, 2014), highlighting that sexual assault is associated with a number of social biases and stigmas that are not necessarily present for other forms of violent victimization. Due to the gendered nature of sexual assault, it should also be noted that the reasons for not reporting sexual assault are reflective of and similar to women’s reasons for not reporting violent victimization in general (Cotter, 2021).

The extent to which sexual assaults are not reported—and the differences in many of the key reasons for not reporting, relative to other violent crimes—should be kept in mind when looking at how reported incidents are processed and progress through the criminal justice system. Even if differences in outcomes narrow or do not exist at other stages, the initial high level of attrition before cases are brought to the attention of police means that, proportionately, far fewer sexual assaults are addressed by the criminal justice system.

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Sexual assault in the Criminal Code of Canada

The Criminal Code classifies sexual assault in three categories, depending on the nature and severity of the assault. Level 1 sexual assault comprises any assault of a sexual nature that violates the sexual integrity of the victim. Level 2, which is considered more serious than level 1, includes sexual assault that involves a weapon, threats to a third party, choking, suffocation, or strangulation, or which causes bodily harm. Level 3, considered the most serious, is aggravated sexual assault, which involves wounding, maiming or disfiguring, or endangering the life of the victim.

Between 2015 and 2019, there were 115,859 sexual assaults reported to police, a 20% increase from the previous 5-year period (96,766). Consistent with past trends, the vast majority (98%) of police-reported sexual assault between 2015 and 2019 was classified as level 1. Trends in charging and retention of sexual assault are therefore largely reflective of incidents of level 1 sexual assault, as well as of incidents where the victims were women and girls, who account for the large majority (89%) of victims.

Number and proportion of unsolved sexual assaults has grown in recent years

Not all incidents reported to police result in the laying or recommendation of charges against an accused person. Some may remain unsolved (i.e., not cleared), for a variety of reasons, while others may be solved (or cleared) by means other than the laying of charges—for instance, because the victim or complainant requested no further action be taken, because of departmental discretion^Note  , because the incident was dealt with via a diversionary program, or because the accused person was under 12 years of age, which is the age of criminal responsibility. 

The recent increase in police-reported sexual assault—and violent crime more generally—has been driven by increases in unsolved incidents (Conroy, 2024). In 2022, nearly six in ten (59%) sexual assaults reported to police and classified as founded by police were not solved, while just under one-third (31%) resulted in charges (Chart 2).

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Notably, the increase in the proportion of incidents being unsolved was seen across virtually all categories examined in the analysis and applied regardless of gender, age, province, urban or rural area, Northern or Southern region, and accused-victim relationship.

It is not possible to definitively attribute these increases to changes in recording practices alone. For instance, the increase took place during a time of increased awareness and understanding of sexual assault and sexual violence, such as the #MeToo movement (e.g., Rotenberg & Cotter, 2018). However, the increase in unsolved incidents also coincided with other changes to the UCR Survey; primarily, the change to the definition of a founded incident, as well as the addition of new clearance categories to better capture information on unsolved incidents (Canadian Centre for Justice Statistics, 2018). The changes in coding practices means that more victims are being recorded in official data, whereas before, their experiences may not have been reflected in police-reported statistics.

While the number and proportion of unsolved incidents have increased for many types of crime, the increase was more pronounced for sexual assault. Physical assault, for instance, was more stable; while there was also an increase in the proportion of incidents that remained unsolved, it was to a lesser degree (from 22% between 2010 and 2014 to 27% between 2015 and 2019).^Note 

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The proportion of sexual assaults resulting in charges has declined

With the increase in unsolved sexual assaults, the proportion of sexual assaults resulting in charges has declined. In all, between 2015 and 2019, 36% of sexual assaults reported to police resulted in charges being laid or recommended by police^Note  , down from 42% between 2010 and 2014 (Table 1). This decline was not seen when looking at physical assault, where the proportion of incidents resulting in charges was stable (51% and 50%, respectively). As such, the gap in the charge rate^Note  between physical and sexual assaults widened, from 9 percentage points to 14.

While the charge rate declined, the actual number of sexual assaults resulting in charges was relatively stable across the two time periods, increasing from 40,627 between 2010 and 2014 to 41,669 between 2015 and 2019 (+1,042). The main driver of the lower charge rate was the increase in incidents that were unsolved by police, a trend that was seen in another recent analysis (Conroy, 2024) and is related to the changes in coding practices outlined above.

Six in ten sexual assaults with charges laid proceed to court

Overall, of sexual assault incidents reported between 2015 and 2019 where charges were laid against an accused person, 61% proceeded to court. This was down from 67% for those between 2010 to 2014 (Table 1). The charge rate was considerably higher for sexual assaults classified as level 2 or 3 across both time periods, and these incidents also proceeded to court at a higher rate once charged (Chart 3). Women and girls, who comprise the large majority of victims of sexual assault, saw charges laid in 38% of incidents reported to police between 2015 and 2019, higher than the proportion among men and boys (29%). For both women and girls and men and boys, the proportion of sexual assaults resulting in charges declined from the previous 5-year period (from 44% to 38%, and from 39% to 29%, respectively).

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The lower retention rate^Note  for sexual assault between 2015 and 2019 relative to the previous five-year period meant that a lower absolute number of sexual assaults proceeded to court. This was despite the fact that there was an increase in the number of sexual assaults where charges were laid or recommended by police. There were 25,323 sexual assaults between 2015 and 2019 that went to court, down from 27,176 between 2010 and 2014 (-1,853).

While retention decreased for other offences, charge rate remained stable or increased

The drop in the police charge rate that was observed for sexual assault was not seen for other selected types of offences or for violent crime overall, where the charge rate increased or stayed the same (Chart 4). Physical assault, for instance, had a stable charge rate between 2010 to 2014 (51%) and 2015 to 2019 (50%), while there was a slight decline in the proportion that proceeded to court (from 82% to 80%).

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Most charges linked to incidents of sexual assault are for other offences

When an accused person is charged by police and the court process begins, their case can involve multiple charges. This is often because multiple violations of the Criminal Code were committed during one or more incidents, perhaps against multiple victims. To increase efficiency, in certain circumstances a single court case against an individual may include multiple separate incidents but be heard and processed at the same time. In addition, the final charges processed and completed in court may differ from those laid by police as the result of a plea or other arrangement between police and the Crown.

Another way in which sexual assault incidents experience attrition in the criminal justice system is when, from the perspective of the Crown, it may be preferable to proceed with a secondary or lesser charge that is viewed as being more likely to result in a guilty decision (including a conviction or a guilty plea). Pursuing other charges may impact how cases are heard and proceed. Downgrading or otherwise changing the charges from what is charged and recommended by police can also influence the perceptions and level of satisfaction of victims or complainants, who may not feel that their experience is truly or fully represented in court (Benton-Greig, 2011).

This means that not all linked charges or cases processed in court necessarily reflect the initial charge laid by police. Between 2015 and 2019, there were 61,580 completed court charges linked to the 25,323 police-reported incidents of sexual assault that proceeded to court. Of these charges, 27,207 (44%) were specifically for sexual assault, most commonly level 1 sexual assault (Text table 1).

Four in five (81%) court charges linked to a police-reported sexual assault between 2015 and 2019 were for a violent offence. In some instances, there were also charges for non-violent offences associated with incidents of sexual assault. The most common non-violent charges were for the administration of justice offences of failure to comply with order (4%) and breach of probation (4%). Similarly, 4% of all charges linked to sexual assaults were for a property crime (e.g., break and enter, mischief).

Completed court cases linked to sexual assault incidents 

In total, the charges associated with police-reported incidents of sexual assault between 2015 and 2019 were part of 20,988 completed court cases (Table 2).^Note  This was a decline of about 1,700 cases when compared with 2010 to 2014 (22,659 cases). Most cases included at least one charge for sexual assault (87% in both time periods examined). While most cases retained at least one sexual assault charge, this figure was markedly lower than for physical assault, where 95% of court cases retained a specific charge for physical assault when the case was completed.^Note 

The large majority (84% from 2010 to 2014 and 85% from 2015 to 2019) of court cases linked to police-reported sexual assault were completed in adult criminal court, as opposed to youth court. There are many important differences between adult criminal and youth courts, and for that reason the analysis that follows focuses on decisions, outcomes, and characteristics of adult criminal court cases. For information on incidents linked to cases completed in youth court, see Text box 4.

Gap between sexual assault and physical assault narrows at case decision stage 

Just under half (48%) of all completed adult criminal court cases linked to an incident of sexual assault between 2015 and 2019 resulted in a guilty decision for any charge, down from 51% among incidents between 2010 and 2014 (Table 2, Chart 6). These trends were remarkably similar to what was observed among completed adult court cases linked to physical assault, where 48% of cases from 2015 to 2019 resulted in a guilty finding, down from 52% from 2010 to 2014.

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Fewer cases involved a guilty finding when a sexual assault charge was retained in the case

As mentioned, incidents of police-reported sexual assault do not always lead to charges of sexual assault in court. They can include a wide range of charges for other violent offences, non-violent offences, administration of justice offences, and other federal statutes (e.g., the Youth Criminal Justice Act). It is, however, possible to examine court case outcomes when the charges were in fact specific to sexual assault.

When looking only at adult criminal cases where a specific charge for sexual assault was retained by the courts, the proportion that resulted in a guilty decision was considerably lower: less than half (45%) of cases with a charge for sexual assault resulted in a finding of guilt for at least one charge in the case, compared to two-thirds (67%) of those which did not retain a sexual assault charge (Chart 7). Though it is not possible to reliably determine using the Integrated Criminal Court Survey (ICCS) data, the higher proportion of guilty decisions in these latter cases may be the result of plea arrangements, where persons accused plead guilty to lesser charges. It could also reflect cases where the Crown pursues other related charges with a higher likelihood of conviction, rather than pursuing sexual assault charges.

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A sexual assault charge remained the most serious offence^Note  in 66% of all adult criminal court cases linked to a police-reported sexual assault. A smaller proportion (38%) of these cases resulted in a finding of guilt. Instead, the majority (51%) of such cases were stayed, withdrawn, dismissed, or discharged.

When considering all cases and the court charge classified as the most serious offence once completed, four in five (80%) cases linked to police-reported sexual assault fell into one of four situations. Most commonly, the police charge was for level 1 sexual assault and the charge in court remained the same (62%). The next most common scenarios involved a police charge of level 1 sexual assault where the most serious offence changed to level 1 physical assault (9%), sexual interference (5%), or forcible confinement (4%). While level 1 physical assault is considered less serious than level 1 sexual assault, both sexual interference and forcible confinement are more serious offences.

Half of guilty cases linked to a sexual assault result in a sentence of custody 

Once an individual is found guilty of one or more charges against them, they are sentenced, and the type of sentence determines the type of continued involvement with the criminal justice system (e.g., sentenced to custody or community supervision). Between 2015 and 2019, the most common outcome for individuals found guilty of any charge in a case linked to sexual assault was custody (50%), down from 59% between 2010 and 2014 (Table 2).^Note 

While more recent sexual assault cases less often lead to custody, custodial sentences were of similar lengths. Between 2010 and 2014, the median length^Note  of a custodial sentence linked to an incident of sexual assault was 180 days, the same as the median length from 2015 to 2019 (Table 3).^Note  While the proportion of sentences of custody declined, those for which the most serious sentence^Note  was probation increased, from 28% to 35%.

When sexual assault remained the most serious offence, sentences of custody were more common. From 2015 to 2019, 57% of individuals found guilty of a charge of sexual assault were sentenced to custody, compared with 59% from 2010 to 2014. However, the median length of these sentences declined, from 270 days in 2010 to 2014 to 240 days in 2015 to 2019. 

Compared to physical assault, cases linked to sexual assault more often resulted in a sentence of custody. However, unlike the trend seen for sexual assault, the proportion of guilty cases resulting in a sentence of custody for physical assault has increased slightly (from 32% between 2010 and 2014 to 34% between 2015 and 2019), as the gap between the two offence types narrowed considerably (from 26 percentage points to 16). That said, the median sentence length in cases linked to sexual assault (180 days) was five times longer than for physical assault (37 days).

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When sexual assault proceeds to court, cases take longer to complete

Beyond attrition and whether cases are retained, looking at the length of time it takes to complete a court case is also an important indicator of how cases are processed in court.^Note  Cases that are before the courts beyond a certain length of time may be at risk of being stayed for failing to comply with the Canadian Charter of Rights and Freedoms, which includes the right for those accused of a criminal offence to be tried within a reasonable time. The Supreme Court of Canada’s R. v. Jordan (2016) decision sets out guidelines for determining at which point delays between the initial date of charge and the end of the trial are presumed to be unreasonable—18 months for cases tried in provincial court, and 30 months for those in superior court (or provincial court when there is a preliminary inquiry). Proceeding beyond the ceiling does not automatically result in a stay, as there are allowances if delays are waived by the defence, caused solely by the defence, or if there are exceptional circumstances.^Note   

Longer case processing time can also exacerbate the negative impacts on victims, witnesses, and other participants in the court process. Participating in the court process can lead to heavier emotional burdens, secondary feelings of victimization or trauma, and can be demoralizing, particularly when the process is lengthened or faces unnecessary delays (Haskell & Randall, 2019; Senate Canada, 2017). Longer delays can also reduce the ability to easily and reliably recall information or memories that may be critical evidence leading to a decision (Senate Canada, 2017). Long delays—or a lack of resolution for victims in cases that are stayed due to unreasonable delays—can also reduce overall confidence in the criminal justice system.

Between 2015 and 2019, a completed adult criminal court case linked to a sexual assault took a median of 311 days to complete, virtually the same as the previous five-year period (310 days).^Note  Cases resulting in an acquittal took the longest to complete (432 days). This is to be expected, as a trial needs to be completed to result in an acquittal, while other decisions can be determined without necessarily going to trial. This was followed by guilty decisions (324.5 days), which can include completed cases where the accused is found guilty, but also guilty pleas or bargains. Cases resulting in stays, withdrawals, dismissals, or discharges (276 days) took less time to complete. This pattern was consistent with cases linked to sexual assaults between 2010 and 2014.

Compared to completed cases linked to physical assault between 2015 and 2019, the median court case linked to sexual assault took about 4.5 months longer to complete (311 days versus 169 days, a difference of 142 days).

At the charge level, 11% of sexual assault charges linked to a police-reported sexual assault that was reported between 2015 and 2019 were at risk of exceeding the maximum length defined in R. v. Jordan. This was down slightly from the previous 5-year period (12%).^Note  This compares to 5% (for both 2015 to 2019 and 2010 to 2014) for all charges linked to any violent offence.

An overall perspective on attrition

This article has examined attrition and various pathways at key—albeit distinct—stages of the criminal justice system, from reporting, to charging, to proceeding to court, to the final decision and sentencing outcomes. Relatively small differences at various stages throughout the process can have a cumulative impact on the overall measure of attrition, and attrition at earlier stages can have a major effect on later stages.

For instance, once an incident proceeded to and was completed in court, there was no gap between sexual assault and physical assault in terms of whether an accused person was found guilty (48% for both offences in adult criminal court), and sexual assault cases with a guilty finding were more likely to result in a custodial sentence (50% versus 34%) (Chart 8).

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However, when taking into account the compounding effect of the gaps between these two offences at earlier stages of the process—charging and proceeding to court—considerably fewer incidents of sexual assault ultimately resulted in a court case, a guilty decision, or any type of sentence against an accused (Figure 1). Further, this only considers what happens after an incident becomes known to police, and does not take into account the large gap in reporting sexual assault relative to other types of violent crime.^Note 

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Ultimately, from 2015 to 2019, just over one in five (22%) sexual assault incidents that were reported to police and classified as founded proceeded to court. Of these, about half resulted in a guilty decision, and of those, half resulted in a sentence of custody. Altogether, about 1 in every 19 (5%) sexual assaults reported to police resulted in a sentence of custody.

In contrast, two in five (40%) physical assaults went to court, where just under half resulted in a guilty decision, of which 34% resulted in a sentence of custody. This meant that approximately 1 in every 15 (6%) physical assaults reported to police ended up with an accused person sentenced to custody.

Characteristics associated with attrition at all stages of the criminal justice system

There are many differences in the characteristics of victims and incidents of sexual assault that may influence how decisions are made at each stage of the criminal justice process, from charging, to proceeding to court, to a final decision and sentencing outcome. The analysis that follows examines some of these characteristics in greater detail.

The characteristics examined here are restricted to those that are collected through the UCR Survey, and there may be other factors that impact attrition at various levels of the criminal justice system. For example, research has shown that perceptions about the credibility and reliability of the victim, their engagement in behaviour perceived to be risky, and the perceived likelihood of conviction, also influence decision-making by police and courts, even though these factors may not be relevant to the determination of the legal question of whether or not the offence took place and an accused person could be charged or prosecuted (Johnson, 2012; O’Neal, Tellis, & Spohn, 2015; Shaw et al., 2017; Spohn, 2020; Wentz, 2019). Furthermore, many characteristics associated with an increased likelihood of being sexually assaulted, such as sexual orientation, Indigenous identity, or disability (Conroy & Cotter, 2017; Cotter & Savage, 2019; Cotter 2021), which may also influence attrition at various stages, are not captured in police- or court-reported data and therefore cannot be explored in this analysis.

Lower attrition for level 2 and 3 sexual assaults

Sexual assaults that are classified as more serious, where a weapon was present, or where there was evidence of physical injury have also been noted in other research as having lower levels of attrition (Wentz, 2019). From a practical and evidentiary point of view, these cases may involve a higher degree of physical evidence that can be used to support the laying of charges and subsequent conviction, relative to sexual assaults that do not involve weapons or evidence of physical injury. At the same time, this can serve to reinforce certain perceptions and myths, as decisions to charge or proceed with court cases are often made based on what has successfully led to convictions in the past (Spohn & Tellis, 2019). These perceptions can then be filtered down to victims, who may be less likely to report incidents that do not involve weapons or physical injury. Self-reported data show that the presence of a weapon and physical injury each independently increase the odds of reporting an incident of violent victimization (Cotter, 2021).

The classification of sexual assaults had a considerable impact on pathways through the criminal justice system, with lower levels of attrition noted among those classified as more serious. This was most evident in the differences in charge rates: six in ten level 2 (59%) or level 3 (62%) sexual assaults resulted in charges, compared with just over one-third (35%) of those classified as level 1.

The retention rate (60% for level 1 sexual assault, 71% for level 2, and 67% for level 3) and the proportion of cases resulting in a guilty decision (48%, 47%, and 51%, respectively) also generally increased according to severity, though the differences were smaller. The other major gap was observed in the proportion of guilty cases that resulted in a sentence of custody.  More than three-quarters of cases linked to aggravated (level 3) sexual assault (78%) resulted in a custodial sentence, as did six in ten (60%) cases linked to level 2 sexual assault. This compared to half (50%) of cases linked to a level 1 sexual assault.

Not only was the proportion higher for sexual assaults deemed more serious, the sentences also tended to be longer than those handed down in cases linked to level 1 sexual assault. The median sentence length was 678 days and 407 days for level 3 and level 2 sexual assault, respectively, compared with 180 days for level 1 (Table 3). This is to be expected, given that these sexual assaults are deemed more serious, and the maximum penalties are higher as well.

Sexual assaults resulting in physical injury or where a weapon is present more often retained in the criminal justice system

Aligning with the classification of sexual assault more generally, other potential indicators of severity—or perceived severity—such as evidence of an injury sustained by the victim or the presence of a weapon during the incident were also generally associated with lower levels of attrition.

About one-third (35%) of sexual assaults where there was no evidence of physical injury resulted in charges, a proportion that was well below sexual assaults where minor^Note  (49%) or major^Note  (65%) injury was evident.^Note  Three-quarters (75%) of incidents resulting in major injury were retained in court once charges were laid. Contrary to the declining retention rate over time, a larger proportion of incidents where there was a major injury from 2015 to 2019 proceeded to court (75% versus 71% from 2010 to 2014) (Table 1).

Under half of cases linked to a sexual assault resulted in a guilty decision when there was a minor or major injury (46%), lower than when there was no physical injury (50%) (Table 3). However, when there was minor or major injury, a custody sentence was slightly more common (52% versus 50%), and sentences were longer (a median of 200.5 days versus 180 days). Looking specifically at sexual assaults that resulted in major injury, a higher percentage resulted in a guilty decision (53%) and a custody sentence (74%), with a median length of 693 days.

Almost six in ten (57%) sexual assaults where a weapon was present between 2015 and 2019 resulted in charges being laid or recommended by police.^Note  The retention rate was also higher for incidents where a weapon was present (73%) than for sexual assault in general (61%). However, once in court, cases linked to a sexual assault with a weapon present resulted in a guilty decision (49%) and a sentence of custody (49%) at similar rates as sexual assault in general (48% and 50%, respectively).

Delays in reporting are more common for sexual assault, and associated with greater attrition

Previous analysis of police-reported data has shown that, relative to other types of violent crime, there is more likely to be a delay between the incident occurring and being reported to police for sexual assault (Conroy, 2024; Cotter & Beaupré, 2014; Rotenberg, 2017). This has also been documented in other research, which has attributed these delays to a number of factors, including but not limited to emotional trauma experienced by the victim, fear of being blamed, and feelings of shame (Haskell & Randall, 2019; Johnson, 2017; Weiss, 2010).

Delays in reporting also pose challenges for police and courts from an evidentiary perspective. Longer delays may impede the ability to collect physical evidence and can also negatively impact memory and ability to recall important details both for the victim and for any potential witnesses. This can subsequently impact perceived credibility and reliability of the available evidence and potentially reduce the chances of a successful prosecution (Wentz, 2019). Delayed reporting is also subject to certain myths about sexual assault, which assume that those who report immediately are more trustworthy and less uncertain about their victimization and its circumstances^Note  —a perspective which ignores the emotional trauma and processing of sexual victimization (DuMont et al., 2003; Haskell & Randall, 2019; Weiss, 2010).

Where delays in reporting appeared to have the greatest impact, in terms of attrition, was when proceeding to court after charges were laid or recommended (Chart 9). Two-thirds (64%) of sexual assaults reported the same or next day proceeded to court, a proportion which dropped to less than half (47%) when the incident was reported more than one year after it occurred. 

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Once in court, cases linked to sexual assaults that were reported the same day or the day after they occurred had the highest proportion resulting in a guilty decision (51%), compared to between 37% and 42% for those that had a longer delay. Notably, though, incidents reported more than a year after they occurred that were retained through to sentencing were the most likely to result in a custody sentence (68%), followed by those reported between one month and one year after the incident (58%).

Knowing that sexual assault is more likely than other types of violent offences to be delayed in coming to the attention of police may help explain some of the differences in justice outcomes. That said, this alone does not explain the differences. For instance, even when comparing sexual assault to physical assault with similar delays in reporting, sexual assault remains considerably less likely than physical assault to result in charges and to subsequently proceed to court.

Charge and retention rates higher in sexual assaults in rural and Northern areas

Where an incident occurred across the country also made a difference in terms of levels of attrition. The largest gap was at the police charging stage: nearly half of sexual assaults reported to police in rural areas (49%) or in the provincial North and Territories (48%) resulted in charges, compared with about one-third of sexual assaults in urban areas (33%) or the provincial South (34%) (Table 1).^Note  Retention between police and courts was also higher in rural (63%) and northern (65%) areas, compared to urban (60%) or southern (60%) areas, though to a lesser degree.

This pattern continued at the court stage, albeit to a lesser extent. The proportion of sexual assaults that resulted in a guilty decision was virtually the same in rural (49%), urban (47%), northern (48%), and southern (48%) areas (Table 3). Once a guilty decision was reached, however, there was more likely to be a sentence of custody: 54% and 53% in rural areas and the North, versus 49% in urban areas and 50% in the South.

Notably, these differences were not seen for physical assault, where—regardless of geography—half of all police-reported incidents resulted in charges being laid or recommended and, of these, four in five proceeded to court.^Note  Cases linked to physical assault in rural (50%) or Northern (51%) Canada did have a higher proportion resulting in a guilty decision relative to urban (47%) or Southern (47%) areas. There were also minimal differences in sentencing outcome according to geography. About one-third of guilty cases resulted in a sentence of custody, with a slightly lower proportion for incidents in rural areas (32%) relative to urban (35%), southern (34%), and northern (36%) areas.

Some of these differences could be due to the characteristics of sexual assault, and crime more generally, in rural or Northern areas.  For instance, while most sexual assaults are committed by someone known to the victim, regardless of geography, police-reported data shows that a lower proportion of sexual assaults in rural or Northern areas were perpetrated by a stranger than those in urban areas or the South. Between 2015 and 2019, there was also a higher proportion of police-reported sexual assaults in rural or Northern areas where the victim was a child or youth. These are characteristics associated with varying charge, retention, and conviction rates.

Direct comparisons of specific data points between provinces and territories are not recommended, as there are important differences in policies (such as whether charges require Crown approval), available resources, or, for some provinces, data availability.^Note  However, across virtually all provinces and territories, both the charge rate and the retention rate was lower in 2015 to 2019 than it was from 2010 to 2014. The exceptions were increases in the charge rates in Quebec (from 32% to 36%), and higher retention rates in Prince Edward Island (from 54% to 59%) and Nunavut (from 70% to 77%) (Table 1).

Similarly, the overall decline in the proportion of cases involving a guilty finding and those resulting in a custodial sentence was seen across most provinces and territories. In terms of guilty decisions, the exceptions were Prince Edward Island, where there was a slight increase, in the proportion of cases found guilty, and Quebec, where there was no change.^Note  Likewise, the proportion of guilty cases that resulted in a sentence of custody declined across the country, except for the Northwest Territories (+7 percentage points).^Note      

Fewer sexual assault incidents result in charges when the victim is a man or boy  

Between 2015 and 2019, as has consistently been shown in Canadian self-reported, police-reported, and court-reported data, the majority of victims of sexual assault were women and girls. As a result, the overall trends in attrition and retention are, by and large, reflective of the experiences of women and girls. In terms of attrition, the main gender difference was apparent at the police charging stage: in 38% of incidents where the victim was a woman or girl, charges were laid or recommended, 9 percentage points higher than when the victim was a man or boy (29%) (Table 1). While outcomes in terms of court retention were much more comparable between women and men (61% versus 60%), smaller proportions of sexual assault cases where the victim was a woman or girl resulted in a conviction (48% versus 51%) or a custodial sentence (51% versus 56%) (Table 3).

Unlike sexual assault, where nine in ten victims were women and girls, half (50%) of victims of police-reported physical assault between 2015 and 2019 were women and girls. However, overall, the gender patterns for the two offences were similar. Charge and retention rates were notably lower for sexual assault than for physical assault, regardless of gender, while conviction rates were the same and sexual assault more commonly resulted in a sentence of custody (Chart 10). In addition, just as with sexual assault, gender gaps in attrition for physical assault were largest at the charging stage (60% for women and girls who were physically assaulted versus 43% of men and boys), before narrowing at subsequent stages.

Chart 10 start

Chart 10 end

Age also impacted criminal justice pathways in important ways. For instance, charge rates were notably lower for child victims (28%), relative to victims who were youth (age 12 to 17) (34%) or adults aged 18 to 64 (40%). Notably, for child victims, the charge rate for police-reported sexual assault from 2015 to 2019 dropped by 15 percentage points compared to 2010 to 2014 (43%). This could reflect a change in the way these incidents were handled by police, with a shift to charging for other types of sexual offences instead (see Text box 3). As noted, the decline in sexual assaults of children resulting in charges has coincided with an increase in the number of incidents and charges for other sexual offences against children. These offences, therefore, may still be resulting in charges and proceeding to court.^Note 

Cases with a guilty decision that were linked to the sexual assault of a child more often resulted in custody (79%) than those involving a youth (67%) or an adult (46%) victim. The median length of custody in cases linked to a child victim of sexual assault was 365 days.

Sexual assaults perpetrated by strangers have lowest charging rate, but highest retention from police to courts

Some research has found that, in the criminal justice system, the relationship between the victim and the accused is associated with decision-making at various levels, with closer relationships—such as intimate partners and family members—generally resulting in less severe or less punitive outcomes, sometimes referred to as the “intimacy discount” (Dawson, 2006). Some evidence suggests that this association has shifted and the degree of difference is smaller than it was in the past (Dawson, 2016; Dawson, 2004), including in the specific context of homicides involving intimate partner violence or sexual violence (Sutton & Cotter, 2023).

When looking at court outcomes related to police-reported sexual assault, the possibility of an intimacy discount was evident at some stages, but not others. For instance, over half (54%) of intimate partner sexual assaults resulted in charges being laid against the accused person, well above sexual assaults when the accused was a family member other than a spouse (35%), someone else known to the victim (35%), or a stranger (28%) (Chart 11). As noted, however, the higher charge rates for intimate partner sexual assaults may be influenced by the presence of mandatory or pro-charging policies across the country (Brown, 2002).

Chart 11 start

Chart 11 end

In terms of court retention, almost two-thirds (63%) of intimate partner sexual assaults where charges were laid proceeded to court. This was lower than the proportion of sexual assaults committed by strangers (69%), which had the highest retention rate. Likewise, the proportion of cases resulting in a guilty decision was lower for intimate partner sexual assaults (44%) than for those perpetrated by a stranger (56%).

Sentencing was far more similar in sexual assault cases when comparing intimate partner sexual assault with sexual assault committed by a stranger. For both, less than half of cases with a guilty decision resulted in a custodial sentence: 47% for intimate partner sexual assault, and 45% when the accused was a stranger. Furthermore, the median length of custodial sentences was shorter in these cases: 90 days for cases involving a stranger and 150 days for intimate partner sexual assault, compared to 180 for sexual assault overall.

Sexual assaults committed by a family member other than a spouse were more likely than other sexual assaults to result in a custodial sentence (71%). More specifically, three-quarters (76%) of cases linked to a sexual assault committed by a parent led to a sentence of custody. Relative to other accused-victim relationships, the median sentence in these cases was also longer (402 days).

Sexual assault was also different in many respects when compared with physical assault. Similarly, intimate partner physical assault was more likely to result in charges than any other type of physical assault. However, there were few differences in retention, regardless of relationship. Physical assault also seemed to follow the pattern suggested by the “intimacy discount” research, where the closer the relationship between the accused and the victim, the less likely the case was to result in a finding of guilt or a sentence of custody.

Characteristics associated with low attrition and high conviction

Figure 2 presents the attrition rate (the percentage of sexual assaults resulting in charges that did not proceed to court) and the conviction rate (the percentage of completed cases resulting in a guilty decision) for certain incident and victim characteristics. The incidents that tended to have low attrition and high conviction rates reflect those that are most associated with seriousness or perceived severity: they were classified as level 2 or 3, involved a weapon or major injury, were committed by a stranger, took place in an open area or public place, and were reported the same or next day after they occurred.

Figure 2 start

Figure 2 end

Start of text box 5

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Summary

Concerns about the attrition of sexual assault in the criminal justice system are not new, and this analysis confirmed the continued existence of many patterns observed in past decades. Looking at police-reported sexual assaults from 2015 to 2019 and their progression through the criminal justice system as of the end of 2021/2022 shows that gaps remain in the attrition of sexual assault relative to other offences, and in some cases, these gaps are widening.

During the five-year period from 2015 to 2019, there were 115,859 sexual assaults reported to police in Canada. Evidence from self-reported surveys suggests that this represents a small proportion of all sexual assaults, as only 6% are reported to police. Of these incidents, 41,669 resulted in an accused person being charged, and 25,323 resulted in charges being processed and completed in court. Once charges related to these incidents were completed in court, they represented 20,988 cases, of which 10,225 resulted in a finding of guilt. 

Compared with the previous five-year period (2010 to 2014), from 2015 to 2019 there were more sexual assaults reported to police, but proportionately fewer resulted in charges being laid (42% versus 36%), and of those, a lower proportion resulted in a completed court case (67% versus 61%). Ultimately, this meant that despite an increase in the total number of police-reported sexual assaults (+19,093) between the two time periods, fewer incidents went to court (-1,853). Once in court, there were also declines in the proportion of cases linked to sexual assault that resulted in a finding of guilt (51% versus 48%) and that resulted in a sentence of custody (59% versus 50%).

In addition to the changes in attrition and retention of sexual assault over time, there was greater attrition for sexual assault than other types of violent crime, namely physical assault. The differences were particularly notable in the earlier stages of the criminal justice system. For sexual assault, the charge rate declined while it remained stable for physical assault, and the percentage of cases resulting in custody decreased for sexual assault while it increased for physical assault, suggesting that the overall attrition gap between these two offences widened.

Completed court cases linked to sexual assault were less likely to proceed with specific charges of sexual assault once in court, and they were often processed with different charges than those initially laid or recommended by police.

Start of text box 6

End of text box 6

Characteristics of the incident also impact the path through the criminal justice system. Characteristics often associated with severity—or perceived severity—such as presence of a weapon, major injury, a stranger as perpetrator, or level 2 or 3 sexual assault were, relative to sexual assault overall, the kinds of incidents with lower rates of attrition and higher conviction rates.

Incidents involving intimate partner violence were, relatively, more likely to result in charges and less likely to drop out of the criminal justice system between police and courts, but were also less likely to result in a finding of guilt once completed.

While recent initiatives to improve the awareness and training of police, courts, and judges in their responses to sexual assault may bring changes to the pathways of sexual assault from police, to court, to sentencing, it will be important to continue to monitor these trends. 

Detailed data tables

Table 1 Characteristics of police-reported sexual assault, and clearance and court outcomes, Canada, 2010 to 2019

Table 2 Decision and sentencing outcomes in completed court cases linked to police-reported incidents, sexual and physical assault, by level of court, Canada, 2010 to 2019

Table 3 Decisions and outcomes of adult criminal court cases linked to police-reported sexual assault, by selected characteristics, Canada, 2010-2014 and 2015-2019

Table 4 Characteristics of police-reported physical assault and clearance and court outcomes, Canada, 2010 to 2019

Table 5 Decisions and outcomes of adult criminal court cases linked to police-reported physical assault, by selected characteristics, Canada, 2010-2014 and 2015-2019

Methodology and data sources

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 a critical measure of levels of reporting criminal victimization to police.  

The target population was 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.

In 2019, the overall response rate was 37.6%. Non-respondents included people who refused to participate, could not be reached, or could not speak English or French. Respondents in the sample were weighted so that their responses represent the non-institutionalized Canadian population aged 15 and older.

Incident-based Uniform Crime Reporting Survey

The Incident-based Uniform Crime Reporting (UCR) Survey is a microdata survey that captures detailed information on crimes reported to and substantiated by police, including the characteristics of victims, accused persons and incidents. Coverage from the UCR between 2009 and 2021 is estimated at 99% of the population of Canada.

The option for police to code victims and accused persons as “non-binary” in the UCR Survey was implemented in 2018. In the context of the UCR Survey, “non-binary” refers to a person who publicly expresses as neither exclusively male nor exclusively female. Given that small counts of victims and accused persons identified as non-binary may exist, the UCR data available to the public has been recoded with these victims and accused persons distributed in the “men” and “boys” or “women” and “girls” categories based on the regional distribution of victims’ and accused persons’ gender. This recoding ensures the protection of confidentiality and privacy of victims and accused persons.

Integrated Criminal Court Survey

The Integrated Criminal Court Survey (ICCS) collects statistical information on adult criminal and youth court cases involving Criminal Code and other federal statute offences. Data contained in this article represent both the adult criminal court portion as well as the youth court portion of the survey.

All youth courts in Canada have reported data to the youth component of the survey since the 1991/1992 fiscal year. As of 2005/2006, all provincial and territorial (adult criminal) courts in 10 provinces and 3 territories report to the survey. However, information from superior courts in Ontario, Manitoba and Saskatchewan as well as municipal courts in Quebec are not available for extraction from their electronic reporting systems and are therefore not reported to the survey. Superior court information for Prince Edward Island was also unavailable until 2018/2019.

Linked file

This Juristat article uses a data file which linked police-reported data from the Uniform Crime Reporting (UCR) Survey with administrative data from the Integrated Criminal Courts Survey (ICCS). Police-reported incidents after January 1, 2010, where an accused person was identified by police, were considered in-scope for linkage with ICCS data up to the end of 2021/2022.

The linkage was conducted in multiple steps using key information about the persons involved and the incidents. First, information about the persons, such as province, gender (or sex in the case of ICCS data), age or birthdate, and soundex (an algorithm that encodes names) were considered. Next, any matches were further linked based on the incident date, the date it was reported to police, and the date charges were laid. After date matching and after removing duplicate records and matches, 69% of all incidents and 73% of all people matched.

As mentioned, not all levels of court in all jurisdictions in Canada currently report data to the ICCS. In addition, as of the production of this article, Quebec had not yet provided ICCS data for 2021/2022.

Some incidents that did not successfully link to a completed charge may still be before the courts, particularly in recent years where the linkage rates were noticeably lower. Further, recent years were likely impacted by delays, closures, and modifications to criminal court processes associated with the COVID-19 pandemic and related measures. As the ICCS data reflects only completed charges, those which are still active in the court system are not reflected in this linkage. For that reason, two distinct periods were used for analysis: 2010 to 2014 and 2015 to 2019.

It is also possible that incidents do not successfully link due to missing or incomplete information in one or more of the files. Due to the systemic factors impacting the linkage rate, the characteristics of cases included in the analysis could differ from cases which could not be linked successfully. Despite these limitations, however, the linked file allows for analysis of attrition between police and courts and attrition in terms of replacing or reducing charges, as well as an examination of factors associated with court case characteristics and outcomes in greater detail than would be possible if using the ICCS data on its own.

This article is based on the version of the linked file as of August 2024. Future analysis or data tables may differ slightly, as the data file will be continuously updated.

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