How Many Sexual Assault Cases are Dismissed in Canada?

There are lots of sexual assault cases reported to the police in Canada every year. The matter of concern is that the number of police-reported sexual assault cases is increasing significantly every year. It is also a serious and common crime all around the world. This raises the question of how many sexual assault cases are dismissed in Canada.

Now, the police reject around 8% of total sexual assault cases as “Unfounded.” It is a law enforcement term that means the allegation is false or baseless. The percentage has greatly reduced compared to the past, and we can see improvements.

The definition of sexual assault in Canada is broad and has lots of details. It contains any kind of unwanted sexual approach. Unwanted sexual grabbing, kissing, fondling, and rape all are included in it.

According to the Canada Criminal Code, sexual activity is only legal when both parties have consent to it. The law mainly looks at what the person was feeling and thinking during sexual activity. The consent has to be through words or actions. Silence is not considered as consent. In the following situations, it would be considered as “No Consent”:

1. If the person says or does something that shows they are not consenting to the activity.
2. If the person says or does something that shows that they are not consenting to the activity already occurring.
3. If the person is incapable of consenting to the activity, such as if the person is unconscious.
4. If the consent comes from the other person abusing their position of trust or authority.
5. If someone consents on someone else’s behalf.

In 2018, there were 27,909 cases reported to the police. The number increased in 2019, and there were 33,521 reports. In 2021, there were 34,242 sexual assault incidents ( Level 1, 2, and 3) reported to the police. The number of police-reported sexual assault cases is significantly increasing every year, and in 2021, it was the highest rate since 1996.

Among all these police reports, the number of unfounded disclosure cases was very high in the past. In 2017, the rate of unfounded sexual assault cases was 19%. The Globe reported it in their unfounded series in 2017. After that, there were lots of changes in police protocols, which greatly reduced the numbers today.

Furthermore, only 21% of police-reported sexual assault cases in Canada result in a trial. Also, 11.5% of police-reported cases result in a conviction. And in 6.5% of cases, the perpetrator is sentenced to jail.

There are many reasons behind the reports not resulting in a conviction. Some of the key factors are given below.

According to Statics Canada, most of the police-substantiated sexual assaults do not result in criminal convictions. The cases do not even make it to the court. Also, almost 87% of victims of sexual assault cases are women, and the accused is someone they know to some degree. If the victim and the alleged are known to each other, it reduces the likelihood of it going to court.

The numbers decrease even more if the accused is a family member of the victim. According to StatCan, these cases are likely to result in stiff penalties.

In addition, age plays a crucial role in this issue. Compared to middle-aged or older women, younger victims, including children who are victimized by older persons, are less likely to see the same justice.

It is also found that the sexual assault cases are not being handled in the court properly. Close to 60% of the sexual assault cases in the court are prosecuted as a different type of criminal offence. This means that the lawyers are working around a system that is stacked against sexual victims.

Moreover, according to some experts, the justice system is not ready to receive these equally with other crimes in these cases. If you change the case from sexual assault to physical assault, you have a greater chance of getting justice. Overall, the justice system needs to change in some aspects to properly deliver justice to sexual assault victims.

In some cases, it is seen that the complainant is undermined. Even if the charges are true, they tend to lie or exaggerate some facts to intensify them. Most of the time, their lies make the case weak and raise doubts about all the allegations.

Sexual assault should not be tolerated to any degree. Although, in some cases, the allegations are false and fabricated, but the majority of the crimes are true. You should contact an expert lawyer in both cases of being the victim or the accused. As mentioned before, a sexual assault conviction can greatly impact your social, personal, and professional life.

No, you can show that you do not consent verbally or by your actions. In this case, struggling, trying to leave, or making excuses to escape the situation is also considered as you do not consent. You can use the necessary force to protect yourself from a sexual assault.

Yes, you can do that. You can say no at any time, doesn’t matter if you say it before or when the activity has already started.

A person must have the ability to consent to any sexual activity. If a person is heavily under the influence of drugs or alcohol, they might not be able to consent to an activity. The court will consider all the situations and determine if the victim could consent to the activity at that moment.