Criminal justice system response to sexual offences

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Sexual offences less likely than other violent crimes to be cleared by police

In general, sexual offences are less likely to be cleared by police than other types of violent offences. In 2007, charges were laid in over a third of sexual offences reported to police compared to almost half of other types of violent crime.

Table 1 Clearance status for police-reported sexual assaults and other violent crimes, 2007. Opens a new browser window.

Table 1
Clearance status for police-reported sexual assaults and other violent crimes, 2007

Conviction rates lower but custodial sentences more likely for sexual offences versus other violent crimes tried in adult courts

In adult courts, sexual offences are less likely than other violent crime types to result in a finding of guilt. However, those found guilty of sexual offences in adult court are more likely to receive custodial sentences compared to those found guilty of other violent crimes. For example, in 2006/2007, prison terms were issued in more than half of adult-court convictions for sexual offences, compared to less than a third of convictions for other types of violent offences.

Table 2 Proportion of sexual offence cases resulting in a finding of guilt, sentenced to custody and sentenced to probation, Canada, 2006/2007. Opens a new browser window.

Table 2
Proportion of sexual offence cases resulting in a finding of guilt, sentenced to custody and sentenced to probation, Canada, 2006/2007

Unlike in adult courts, conviction rates for sexual offence cases in youth courts were higher compared to cases involving other types of violent crimes. In addition, sexual offenders sentenced in youth courts were less likely than other violent offenders to receive a custodial sentence.

The differences in conviction and sentencing patterns between adults and youth can be partly explained by the fact that adults in general tend to be charged with more serious types of sexual offences which carry more serious penalties.