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Sexual Assault Legislation in Canada: An Evaluation; An Analysis of National Statistics, Report No. 4

NCJ Number
130867
Author(s)
J V Roberts
Date Published
1990
Length
92 pages
Annotation
This evaluation of the impact of Canada's 1983 sexual assault legislation considers changes in citizen reports of sexual assault, the rate at which sexual assault charges are founded, and the clearance rate for sexual assault cases.
Abstract
On January 1, 1983, Canada's Criminal Code was amended to replace the offenses of rape, attempted rape, and indecent assault with the offenses of sexual assault, sexual assault with a weapon, and aggravated sexual assault. Also, a number of changes were introduced to improve the treatment of sexual assault victims and to change the way sexual assault cases are processed by the criminal justice system. Data were obtained from the Uniform Crime Reporting database that focused on the period of 1976-88, particularly the six years since the passage of the legislation (1983-88). This report also presents comparative statistics for other offenses against the person. Overall, this evaluation concludes that the 1983 reform legislation has had some success in achieving its intent. Apparently a larger proportion of sexual assault victims are reporting their victimizations to the police. The legislation may not be the only cause of this trend, however, since the number of sexual assault centers and special units for handling sexual assault cases has increased over the past decade. The founding rates for charges of sexual assault have not increased since 1983. The percentage of unfounded sexual assault charges has remained approximately the same over these years, and this rate is higher than for other offense charges. Apparently the rise in the clearance rate for sexual assault charges cannot be attributed to the legislation. The clearance rate for sexual assault cases is not lower than that for other crimes against the person. Topics for future research are suggested. 17 figures, 13 tables, and a 39-item bibliography