NCJ Number
130400
Date Published
1990
Length
91 pages
Annotation
This report presents the background and findings of an assessment of the impact of the sexual assault provisions of Canada's Bill C-127.
Abstract
The sexual assault provisions of Bill C-127 aim to make the criminal justice system more responsive to sexual offenses, increase the deterrent effect of the law, establish more meaningful relativity between offenses with respect to maximum sentences, and improve the experiences of victims with the criminal justice system in general and the trial process in particular. Another goal of the legislation is to eliminate sexual discrimination in the processing of sexual offense cases. This evaluation describes how the new legislation has been implemented and how it works in the various segments of the criminal justice system. It also determines how the legislation has effected changes in justice system practices, attitudes, and procedures as well as how it has affected victims' experiences with the criminal justice system. Unintended impacts of the legislation on the experience of sexual assault victims and criminal justice practices are also examined. Findings indicate that although there has been an increase in the number of reports of sexual assault in Canada, key respondents agree that sexual assault remains underreported. Changes in requirements of proof and offense classifications have had no effect on founding rates for sexual offenses. Data on charging indicate that the clearance rate for sexual assault is similar to that for other crimes involving violence. There is general agreement among respondents that victims are exposed to less harsh conditions in court, largely because of the limitation on the introduction of evidence pertaining to past sexual history. 16 tables, appended supplementary information, and a 56-item bibliography