A recent report released by Canada’s ombudsperson for victims of crime highlights significant issues faced by survivors of sexual violence within the criminal justice system. The report, titled “Rethinking Justice for Survivors of Sexual Violence: A Systemic Investigation,” spans nearly 300 pages and is based on over 3,000 interviews, surveys, and case reviews conducted since March 2024.
According to the report, survivors of sexual violence often encounter disbelief in their allegations and experience frequent delays or dismissals of their cases. The federal ombudsperson, Benjamin Roebuck, expressed concerns about the lack of trust in the justice system, as police officers and Crown attorneys commonly discourage survivors from reporting or pursuing charges.
The report identifies systemic issues that need addressing to encourage survivors to come forward without fear of re-traumatization. Among the 1,000 survivors who participated in the survey, 93% expressed concerns about not being believed by the police if they reported their experiences. Despite this, only 51% of survivors reported the crimes, with a mere 70 convictions resulting from 102 cases that went to trial.
To enhance the protection of survivors and promote justice, the report presents 43 recommendations in various categories. It emphasizes the importance of thoroughly investigating reported sexual violence allegations and addressing the barriers that prevent survivors from speaking out.
Furthermore, the report suggests specialized training for law enforcement and courts to understand the diverse needs of sexual assault survivors based on various factors like sex, gender, age, and cultural background. It also calls for the discontinuation of “KGB statements,” which can create an atmosphere of distrust and suspicion towards victims from the beginning of the legal process.
Additionally, the report urges the federal government to ensure equitable access to justice tools, such as sexual assault evidence kits, particularly in northern and remote regions. It emphasizes the importance of implementing the recommendations from the National Inquiry into Missing and Murdered Indigenous Women and Girls to improve justice for Indigenous communities.
Addressing delays in court proceedings, the report highlights the impact of the R. v. Jordan Supreme Court decision on sexual assault cases and recommends amending the Criminal Code to prevent unreasonable delays in trials. It also advocates for stricter guidelines on the use of therapeutic records by defense attorneys to protect the privacy and well-being of survivors.
In terms of cross-examination practices, the report suggests providing victims with fair opportunities and support during legal proceedings, including allowing testimonial aids and protecting their private documents from unnecessary disclosure. It also stresses the importance of expanding restorative justice programs and enhancing data collection on sexual violence cases to monitor the effectiveness of the justice system’s response.
Overall, the report underscores the need for comprehensive reforms to ensure that survivors of sexual violence receive the support and protection they deserve within the criminal justice system.
