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Systemic review of the legal system’s treatment of sexual and intimate partner violence

Last updated on June 26, 2024

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About the review

Despite efforts to improve legal system access, outcomes and supports for survivors of sexual violence and intimate partner violence, both survivor accounts and statistics demonstrate that these forms of violence continue to be pervasive and drastically underreported.

Survivors report facing significant barriers and discrimination that may prevent people from initiating complaints or otherwise accessing British Columbia’s legal system. The resulting lack of trust and perceived or actual lack of access underscore a need to address social, cultural, economic and geographic barriers in criminal, civil and family law. With respect to family violence, survivors and their families also report multi-faceted and intertwined barriers for survivors who do engage with the legal system through criminal and family law processes. An independent and action-oriented examination of the British Columbia provincial legal system’s treatment of sexual and intimate partner violence, including the role of relevant actors in the system, and drawing upon existing knowledge about best practices and areas for reform is needed in British Columbia.

Government has appointed Dr. Kim Stanton to conduct a systemic review of the province’s treatment of victims and survivors of sexual and intimate partner violence in the legal system and to propose recommendations so that the government can act to effectively address this longstanding challenge.

This review is an important step towards taking what we know about how to improve the ways in which our legal systems treat intimate partner and sexual violence and those who are affected by it and create a plan for action towards meaningful change.

We know that through the hard work of survivors and those who work to support them, a lot has already been learned about what is needed to improve the way the legal system responds to these forms of gender-based violence.  This review will build on past consultations, reports and recommendations about the treatment of sexual violence and intimate partner violence in the legal system in British Columbia to identify barriers to survivors, and to propose specific, realistic, phased and measurable recommendations that would improve how sexual violence and intimate partner violence are addressed in British Columbia. In doing so, the review will take particular account of systemic failures located at the intersections between and among criminal law, family law, and Indigenous legal systems.

A final report is expected in May 2025.

If you have ideas or experiences you wish to share for the review, you can email JSB.FPLT@gov.bc.ca.

About the reviewer

Dr. Kim Stanton has been selected to lead this review. In addition to having a background in practicing Aboriginal and constitutional law in B.C. and Ontario, Dr. Stanton has worked to address gender-based violence in a variety of ways throughout her career.

From 2013 to 2017, as the legal director of the Women’s Legal Education and Action Fund (LEAF), Dr. Stanton led the national equity rights organization to intervene before multiple courts and the Supreme Court of Canada to advance equality rights with a focus on addressing violence against Indigenous women and girls. She has also served on the federal Minister of the Status of Women’s Advisory Council on the Federal Strategy Against Gender-based Violence.

From 2020-2023, Dr. Stanton served as a Commissioner on the Mass Casualty Commission (the joint federal/provincial inquiry into the April 2020 Nova Scotia mass casualty). The Commission’s comprehensive final report addressed issues including gender-based violence, policing, access to firearms, mental health, public alerting and community safety.

Relevant statistics

Sexual assault

  • The most recent self-reported sexual assault data is from the 2019 General Social Survey which found that women were five times more likely than men to be a victim of sexual assault (50 versus 9 per 1,000) [Citation 1].
  • 37% of women in British Columbia reported being sexually assaulted since age 15. This is the highest for all provinces [Citation 2].
  • 11% of men in British Columbia reported being sexually assaulted since age 15. This is the highest for all provinces [Citation 3].
  • Only 5% of women that experience sexual assault report to the police and 9% report to victim services [Citation 4].
  • Sexual assault accounted for 11% of all criminal victimization offences in 2019 [Citation 5].
  • In 2019, sexual assault had the lowest rate of reporting of any crime measured by the General Social Survey, with 6% of incidents in 2019 having come to the attention of police [Citation 6]. This figure is consistent with results from other self-reported surveys conducted both before and after the #MeToo movement, which have found that sexual assault is much less likely than other types of crime to be reported to police, and that police-reported sexual assaults represent a fraction of all sexual assaults in Canada [Citation 7]. When controlling for other incident characteristics, the odds of sexual assault being reported to police were about 80% lower than for other violent crimes [Citation 8].

Family violence and intimate partner violence (IPV)

  • In 2022, there were 129,876 victims of police-reported family violence and 117,093 victims of police-reported IPV. Women and girls experienced higher rates of police-reported family violence and IPV than men and boys [Citation 9].
  • IPV rates were almost seven times higher among women and girls aged 12 to 24 years than among their male counterparts, and 79% of IPV homicide victims over the last 15 years were women and girls [Citation 10].
  • From 2014 to 2022, there were large increases in intimate partner violence among adults aged 25 to 64 years (+32%) and seniors aged 65 years and older (+42%) [Citation 11].
  • Compared with 2014, intimate partner sexual assault was 163% higher in 2022, while intimate partner physical assault (+14%) and indecent or harassing communications (+38%) also increased [Citation 12].
  • The rate of IPV against women aged 15 and older living in a remote area was over four times higher than the rate among women in accessible areas (2,002 vs 445 per 100,000) [Citation 13].
  • Similarly, the rate of violence committed by someone other than intimate partner was four times higher for women in remote areas than the rate among women in accessible areas (2,182 versus 574 per 100,000) [Citation 14].

Indigenous women

  • Nearly two thirds (63%) of Indigenous women have experienced physical or sexual assault in their lifetime [Citation 15]. Specifically: 
    • 56% of Indigenous women have experienced physical assault in their lifetime (compared to 34% of non-Indigenous women) [Citation 16].
    • 46% of Indigenous women have experienced sexual assault in their lifetime (compared to 33% of non-Indigenous women) [Citation 17].
  • From 2009 to 2021, 490 Indigenous women and girls were victims of homicide. In this time frame, the rate of homicide of First Nations, Metis, and Inuit women and girls was 6 times higher than the rate among their non-Indigenous counterparts [Citation 18].
  • At both the police and court stages, homicides involving Indigenous women and girls result in less serious homicide charges, such as manslaughter [Citation 19].

Reasons people do not report

  • When asked why they didn’t report, victims of sexual assault more commonly cited not wanting the hassle of dealing with police (57% of sexual assault victims) or court process (42% of sexual assault victims) than victims of other types of violent victimization (40% and 21%, respectively) [Citation 20].
  • The reasons more often cited by women than men are, by and large, reflective of the fact that women are far more likely to be sexually assaulted. Concerns about perpetrators not being held responsible, an understanding of what constitutes sexual assault, feelings of shame and embarrassment among victims, a perception that victims will not be believed, and concerns about shame and dishonour are often cited as barriers to reporting sexual assaults [Citation 21].
  • In fact, when comparing the reasons for not reporting sexual assault to those provided for not reporting physical assault or robbery, the results were similar to what was seen when comparing women and men. In addition, some other factors emerged. Most notably, not wanting the hassle of dealing with police (57%) or the court process (42%) were more commonly cited by victims of sexual assault than by those who experienced another type of violent victimization (40% and 21%, respectively) [Citation 22]. Hesitancy to engage with the formal criminal justice system, whether based on past experiences, the experiences of others, or fear that expectations will not be met, serves to deter reporting for many victims of sexual assault [Citation 23].

Residential facilities for victims of abuse

  • In 2022/2023, there were a total of 562 residential facilities for victims of abuse operating in Canada and a total of 67,430 people were admitted [Citation 24].
  • The number of admissions in 2022/2023 increased by 44% compared to the first year of the pandemic (2020/2021), however the 2022/2023 numbers are similar to the number of admissions reported pre-pandemic (2017/2018) [Citation 25]. 
  • Researchers conducted a “snapshot day” where they presented a profile of residents using residential facilities on a random date (they chose April 13, 2023). On the snapshot day: 
    • The vast majority (99%) of residents staying in these shelters were women and accompanying children [Citation 26].
    • 30% of women residing in shelters on the snapshot date were of Indigenous identity. Indigenous children were also overrepresented as residents of shelters for victims of abuse, comprising 24% of all accompanying children in facilities [Citation 27]. 
    • The majority of residents (91%) staying in facilities were there for reasons of abuse [Citation 28].
    • Of the women staying in facilities on the snapshot date, 65% of women residents had experienced emotional or psychological abuse, 58% had experienced physical abuse, 39% had experienced financial abuse, and 26% had experienced sexual abuse [Citation 29].
    • The primary abuser for just over three-quarters (76%) of women residing in shelters on the snapshot date was a current or former intimate partner [Citation 30].

Help and support resources

Where to get help

  • VictimLink BC is a toll-free, confidential, multilingual service available across B.C. and the Yukon 24 hours a day, 7 days a week and can be accessed by calling or texting 1-800-563-0808 or sending an email to 211-VictimLinkBC@uwbc.ca. This service provides information and referrals to all victims of crime and immediate crisis support to victims of family and sexual violence. VictimLink staff can also connect you to a network of community, social, health, justice and other resources, including victim services, transition houses and counselling resources. They also provide information on safety planning, protection order registry and other resources as needed.
  • Salal Sexual Violence Support Centre provides immediate crisis assistance and emotional support, information, and referrals to women, trans, two-spirit, nonbinary, and gender diverse people who are survivors of sexualized violence. To access the 24-hour crisis and information line, call 1-877-392-7583.
  • Ending Violence Association of BC Program Directory provides links to information about programs across BC served by EVA BC that provide support to anyone experiencing gender-based violence.
  • The Indian Residential School Survivors Society operates a 24/7 crisis line that provides trauma-informed cultural support to survivors of gender-based violence. This service can be accessed by calling 1-800-721-0066.
  • Family Justice Centres operate across the province. See Family Justice Centre locations or call 1-844-747-3963 to get help with issues related to separation or divorce, including:
    • Guardianship, parenting arrangements or contact with a child/youth
    • Family maintenance (child and spousal support)
    • Possession and ownership of a companion animal
    • Parenting after separation issues
    • Alternatives for resolving disputes
    • Family Law Act protection orders to address family violence
  • Legal Aid BC provides free legal help for B.C. residents. Contact Legal Aid BC by calling:
  • Indigenous Justice Centres in British Columbia provide culturally-appropriate information, advice, support, and representation for Indigenous people.
  • The PovNet Find an Advocate tool connects people who need assistance from a legal advocate to local or provincial resources.

How to help

Citations
Number Reference
1 Cotter, A. 2021. “Criminal victimization in Canada, 2019.” Juristat. Statistics Canada Catalogue no. 85-002-X. Criminal victimization in Canada, 2019 (statcan.gc.ca)
2, 3 Statistics Canada. 2019. “Table 7 Violent victimization since aged 15, by type of victimization, gender of victim, and province, 2018.” [Data table]. Table 7 Violent victimization since age 15, by type of victimization, gender of victim, and province, 2018 (statcan.gc.ca)
4 Cotter, A. & Savage, L. 2019. “Gender-based violence and unwanted sexual behaviour in Canada, 2018: Initial findings from the Survey of Safety in Public and Private Spaces.” Juristat. Statistics Canada Catalogue no. 85-002-X. Gender-based violence and unwanted sexual behaviour in Canada, 2018: Initial findings from the Survey of Safety in Public and Private Spaces (statcan.gc.ca)
5, 6 Cotter, A. 2021. “Criminal victimization in Canada, 2019.” Juristat. Statistics Canada Catalogue no. 85-002-X. Criminal victimization in Canada, 2019 (statcan.gc.ca)
7 Conroy, S. and Cotter, A. 2017. “Self-reported sexual assault in Canada, 2014.” Juristat. Statistics Canada Catalogue no. 85-002-X. Self-reported sexual assault in Canada, 2014 (statcan.gc.ca); Cotter, A. and Savage, L. 2019. “Gender-based violence and inappropriate sexual behaviour in Canada, 2018: Initial findings from the Survey of Safety in Public and Private Spaces.” Juristat. Statistics Canada Catalogue no. 85-002-X. Gender-based violence and unwanted sexual behaviour in Canada, 2018: Initial findings from the Survey of Safety in Public and Private Spaces (statcan.gc.ca); Rotenberg, C. and A. Cotter. 2018. “Police-reported sexual assaults in Canada before and after #MeToo, 2016 and 2017.” Juristat. Statistics Canada Catalogue no. 85-002-X. Police-reported sexual assaults in Canada before and after #MeToo, 2016 and 2017 (statcan.gc.ca)
8 Cotter, A. 2021. “Text box 8, Criminal victimization in Canada, 2019.” Juristat. Statistics Canada Catalogue no. 85-002-X. [Text Box} Criminal victimization in Canada, 2019 (statcan.gc.ca)
9, 10, 11, 12 Statistics Canada. 2023. “Trends in police-reported family violence and intimate partner violence in Canada, 2022.” The Daily. The Daily — Trends in police-reported family violence and intimate partner violence in Canada, 2022 (statcan.gc.ca)
13, 14 Burczycka, M. 2022. “Women’s experiences of victimization in Canada’s remote communities.” Juristat. Statistics Canada Catalogue no. 85-002-X. https://www150.statcan.gc.ca/n1/pub/85-002-x/2022001/article/00007-eng.htm
15, 16, 17 Heidinger, L. 2022. “Violent victimization and perceptions of safety: Experiences of First Nations, Metis and Inuit women in Canada.” Juristat. Statistics Canada Catalogue no. 85-002-X. Violent victimization and perceptions of safety: Experiences of First Nations, Métis and Inuit women in Canada (statcan.gc.ca)
18, 19 Burczycka, M., & Cotter, A. 2023. “Court outcomes in homicides of Indigenous women and girls, 2009 to 2021.” Juristat. Statistics Canada Catalogue no. 85-002-X. Court outcomes in homicides of Indigenous women and girls, 2009 to 2021 (statcan.gc.ca)
20, 22 Cotter, A. 2021. “Criminal victimization in Canada, 2019.” Juristat. Statistics Canada Catalogue no. 85-002-X. Criminal victimization in Canada, 2019 (statcan.gc.ca)
21 Cotter, A. 2021. “Criminal victimization in Canada, 2019.” Juristat. Statistics Canada Catalogue no. 85-002-X. Criminal victimization in Canada, 2019 (statcan.gc.ca); Johnson, H. 2012. “Limits of a criminal justice response: Trends in police and court processing of sexual assault.” In E. A. Sheehy (Ed.), Sexual Assault in Canada: Law, Legal Practice and Women’s Activism. p. 613-634. Ottawa, Ontario. University of Ottawa Press.; Sable, M. R., Danis, F., Mauzy, D. L. and S. K. Gallagher. 2006. “Barriers to reporting sexual assault for women and men: Perspectives of college students.” Journal of American College Health. Vol. 55, no. 3. p. 157-162.; m Taylor, S.C. and Gassner, L. 2010. “Stemming the flow: Challenges for policing adult sexual assault with regard to attrition rates and under-reporting of sexual offences.” Police Practice and Research. Vol. 11, no. 3. p. 240-255.; Venema, R. M. 2014. “Police officer schema of sexual assault reports: Real rape, ambiguous cases, and false reports.” Journal of Interpersonal Violence. Vol. 35, no. 5. p. 1-28.
23 Johnson, H. 2017. “Why doesn’t she just report it? Apprehensions and contradictions for women who report sexual violence to the police.” Canadian Journal of Women and the Law. Vol. 29, no. 1. p. 36-59.; Venema, R. M. 2014. “Police officer schema of sexual assault reports: Real rape, ambiguous cases, and false reports.” Journal of Interpersonal Violence. Vol. 35, no. 5. p. 1-28.
24, 25, 26, 27, 28, 29, 30 Heidinger, L. 2024. “Canadian residential facilities for victims of abuse, 2022/2023.” Juristat. Statistics Canada Catalogue no. 85-002-X. https://www150.statcan.gc.ca/n1/en/catalogue/85-002-X202400100005