A federal report says Canada’s justice system fails sexual violence survivors through disbelief, delays, and systemic barriers, urging 43 major reforms.
Report Says Sexual Violence Survivors Face Systemic Betrayal
A Landmark Investigation Reveals Deep System Failures
A new federal report released Wednesday in Ottawa concludes that sexual violence survivors across Canada are being “systemically betrayed” by the criminal justice system. The nearly 300-page investigation, led by Federal Ombudsperson for Victims of Crime Benjamin Roebuck, draws on more than 3,000 interviews, surveys, and case reviews conducted since March 2024.
Experiences of Survivors Show Patterns of Disbelief
The report finds that many survivors face skepticism from police and Crown attorneys at the very moment they seek help. According to the survey of 1,000 survivors, 93% feared law enforcement would not believe them. Only 51% ultimately reported their assault, and just 70 convictions resulted from 102 cases that made it to trial—an outcome Roebuck says reflects a system “in open disrepute.”
Structural Barriers Discourage Reporting
Roebuck’s analysis shows that many survivors remain silent not by choice, but due to systemic barriers and institutional failures. These include limited access to resources, inconsistent regional support, and harmful investigative practices such as the use of “KGB statements,” recorded testimonies that warn victims about potential prosecution for inconsistencies. The report argues these practices treat survivors as suspects from the start.
Calls for Change Focus on Equity and Accessibility
To address these issues, the report outlines 43 recommendations in 10 categories. High among them is specialized training for police and courts to better support survivors based on gender, age, race, income, immigration status, religion, culture, and mental health. It also urges the federal government to ensure sexual assault evidence kits are equally accessible in northern and remote communities and to fully implement the National Inquiry into Missing and Murdered Indigenous Women and Girls’ Calls for Justice.
Delays and Stays Undermine Justice
The report warns that trial delays continue to derail sexual assault cases following the Supreme Court’s R. v. Jordan decision, which imposes strict time limits on proceedings. Since that ruling, more than 268 sexual assault cases have been dropped due to delays. In 2022–23, sexual assault charges were the most likely of any criminal offence to be stayed or withdrawn, with almost one-third exceeding legal timelines.
Concerns Over Access to Private Therapeutic Records
Roebuck also raises alarms over broad rules allowing defence attorneys to access victims’ deeply personal documents, including medical files, journals, or even therapy notes. In one example provided during a background briefing, an alleged victim was questioned in court about a dream she had shared with her psychiatrist. The report warns this practice forces survivors to choose between mental-health care and legal protection.
Improving Survivor Experience in Courtrooms
The investigation recommends strengthening protections during court testimony by expanding access to testimonial aids such as screens, support persons, or alternative methods of providing evidence. While these tools exist nationwide, availability varies significantly between regions. The report proposes automatic access and requires judges to issue written explanations if aids are denied.
Procedural Reforms and Data Transparency
Additional recommendations include expanding restorative justice options, tightening rules around when therapeutic records can be introduced, and preventing Crown or defence counsel from reviewing victim impact statements before a finding of guilt. Roebuck also urges governments to improve national data collection to track outcomes and measure whether reforms are reducing systemic barriers for survivors.
Support Resources
If you or someone you know has experienced sexual assault, crisis lines and services are available through the Government of Canada and the Ending Violence Association of Canada. If in immediate danger, call 911.
