Last week, the Office of the Federal Ombudsperson for Victims of Crime released a significant new report, “Rethinking Justice for Survivors of Sexual Violence: A Systemic Investigation”. The report provides a comprehensive, evidence-based examination of how Canada’s criminal justice system responds to sexual violence, identifying structural gaps that impact survivor safety, fairness, and access to justice.
The investigation includes an in-depth analysis of the experiences of survivors who have navigated the Canadian criminal justice system. It examines how victims of sexual abuse are treated throughout the legal process, whether their allegations are taken seriously, what supports and resources are available to them, and how marginalization shapes their experience.
Key findings from the sexual violence report
The OFOVC’s report underscores recurring themes: survivors feeling re-traumatized, unsupported, and silenced, with intersectional factors often amplifying these harms. It reflects 18 months of academic research, court case reviews, interviews, surveys, and roundtable discussions, drawing on the insights of nearly 3,000 survivors, service providers, and legal professionals.
Core system-wide issues identified
Among other things, the report concludes:
- Sexual violence remains drastically under-reported. Only about 6% of sexual assaults in Canada are ever reported to police, reflecting persistent barriers to disclosure and trust in the justice system.
- Many survivors who do report sexual violence, face disbelief, re-traumatization, and harm. Survivors described being silenced and treated as evidence rather than human beings. In particular, they reported being treated this way during invasive processes like cross-examinations or forced disclosure of therapeutic/medical records.
- Delays and systemic practices often lead to justice never being served. Because of delays in the Canadian criminal justice system (for example, under R v. Jordan), trials are sometimes stayed or dropped. This can occur after survivors have already endured painful procedures. This leaves many without accountability in the criminal system.
- Barriers are magnified for marginalized communities. Survivors who are Indigenous, 2SLGBTQIA+, from remote or rural areas, living with disabilities, racialized, or otherwise marginalized face additional hurdles in access, support, and fairness.
- The process can be retraumatizing and discouraging. Many survivors feel abandoned, dehumanized, or too vulnerable to proceed — even after reporting sexual violence. This discourages reporting, reduces trust in the legal system, and perpetuates silence around sexual violence.
Recommendations for criminal justice system reform
Ultimately, the report sets out 43 recommendations aimed at strengthening Canada’s criminal justice system and improving its response to sexual violence. The top ten recommendations are:
- Fully investigate sexual violence
- Minimize harm from R v. Jordan
- Better protect therapeutic records
- Humanize cross-examination
- Offer testimonial aids automatically
- Provide effective rights and representation
- Stop redacting victim impact statements
- Prioritize access to services
- Allow restorative justice options
- Collect (better) data for accountability
Collectively, these recommendations aim to shift the justice system toward trauma-informed, survivor-centered practices supported by consistent data collection and procedural fairness.
Why this systemic investigation into sexual violence matters
Sexual violence cases are among the most complex and sensitive matters our justice system faces. This report functions as both a diagnostic review and a policy roadmap, outlining actionable reforms that could significantly improve survivor outcomes and system accountability. It serves as a call to action for policymakers, legal practitioners, and communities to rethink—and rebuild—a system that truly supports survivors.
How Siskinds can help
At Siskinds, our civil sexual abuse team provides trauma-informed legal support to survivors navigating the Canadian criminal justice system. We assist clients in understanding their legal rights, pursuing civil claims where appropriate, and accessing independent guidance throughout every stage of the process. We recognize the emotional and legal complexity of sexual violence cases and prioritize a respectful, confidential, and survivor-centered approach to representation.
If you have been the victim of sexual violence, please do not hesitate to contact our trauma-informed personal injury lawyers for a free consultation at 877-672-2121.