When Survivors Report: What the Research Tells Us

*Disclaimer: this content discusses sexual assault and may be difficult or triggering for some readers. This post was written in the context of adult survivors of sexual assault navigating the Canadian justice system. While this article is researched and is largely focused on Canadian data, some studies come from the United States. It’s also important to remember I’m a therapist, not a lawyer. Survivors are encouraged to consult Victim Services or a legal professional for advice on their individual situation.

This is a continuation of my series on sexual assault and the criminal justice system. Last week, we explored what the process of reporting and going to trial might look like for survivors. Today, we zoom in on reporting to the police and explore what survivors say about this process and how our system still has a long way to go in supporting survivors.

Why the Picture Isn’t the Whole Story

I’ll be honest with you. The research paints a pretty grim picture of how the criminal justice system treats survivors of sexual assault. And for many people, that is the reality. At the same time, it’s worth noting that things have been shifting over the last several decades in Canada. Canadian laws have changed to provide better protection for survivors [1, 2], in 2017 The Globe and Mail published an investigation piece on police classifying cases as “unfounded” [3] which brought into view some of the issues within the system prompting change, and the #MeToo movement went viral in late October of the same year [4].

Another factor to keep in mind: psychology research can take years to conduct. It’s an average of two years for psychology research to get published in a peer-reviewed journal [5] and the Canadian General Social Survey (which collects personal experiences with crime) is released once every five years. This means the research we’re looking at today might not always reflect the current landscape.

My goal here isn’t to encourage or discourage anyone from reporting. I fully support whatever choice feels right for you. And as a therapist, I support my clients as they navigate their healing journey and their search for justice and resistance - which for some includes reporting. I hope this series gives survivors a clear picture of what they might encounter and to know how important it is to get support as you move through the process. I have a post on how you can get support here.

The Reality Survivors Face with Police

In Canada, reporting a sexual assault starts with the police. The role of the police is to treat survivors with kindness, respect, and to conduct a thorough and competent investigation to determine if there’s enough evidence to prove a crime more likely than not happened [6, 7]. Unfortunately, research shows that this is not always what happens in reality.

Beginning July 5, 2024 in British Columbia, all police agencies are now required to investigate reports of sexual assaults in a "survivor-centred, trauma-informed, and culturally safe way” [2]. If a survivor is treated in a concerning way, a complaint can be filed (which you can learn more about here).

Significant Number of Cases “Unfounded”

In February 2017, The Globe and Mail published an article based on a 20-month investigation into how on average, the police deemed 20% of sexual assault cases as “unfounded” [3]. Unfounded is the way that police classify a report when they do not believe a crime was attempted or occurred. Reports of sexual assaults are more likely to be viewed as false by police than any other type of crime, and police can be skeptical of reports [8]. Although the police have taken steps to minimize using “unfounded”, changing the term or the code for how cases are classified does not necessarily mean that there is suddenly an increase of belief regarding survivor’s experiences when they report [9].

The Truth About False Reports

Despite police classifying so many cases as unfounded, in reality false reporting happens between 2% and 8% of the time [8]. It’s important to note that when false reporting does occur, this most often reflects the mental health concerns of the person reporting, a misunderstanding of what sexual assault it, or altered memory from alcohol or drugs [10].

Negative Reactions When Reporting

Survivors, both male and female, often face negative reactions from police during reporting. These reactions can include victim blaming, disbelief or skepticism, and stigma around the assault [9, 11, 12]. Victim blaming means holding the survivor responsible for the assault, rather than the perpetrator [13].

Police skepticism and concerns about truthfulness can come from delays in reporting or inconsistencies in survivors’ statements [14, 15]. But research shows that both are common and normal responses to trauma. For example, many children never disclose sexual abuse at the time it happens, and only about 25% of adults report an assault on the same day it occurs [16]. Memory changes are also common after traumatic events, as seen in military veterans and 9/11 responders, who sometimes recalled more details over time [17] or had shifting details in their stories [18].

Racism, Classism, and Systemic Barriers

Racial and ethnic minority survivors face additional barriers. They are often treated more harshly by police, and their cases are less likely to move forward in the legal system [11, 19]. Indigenous people are in particular can be treated terribly by police, including when they are the victim of a crime [20]. Indigenous women are considered one of the most victimized populations within Canada. This reflects broader patterns of racism, classism, and sexism that not only reduce the chances of being taken seriously, but also increase risk being sexually assaulted in the first place [21, 22].

Police Discretion and Case Outcomes

Police officers also have significant discretion in handling cases. They decide whether to take a report, how much effort to put into investigating, whether the incident meets the legal definition of a crime, and whether to make an arrest [14]. This discretion has real consequences. For instance, in a Canadian study, police were more skeptical and less likely to pursue charges when survivors were intoxicated, because they doubted a conviction would follow [23].

Do You Need Support?

I specialize in working with trauma and complex trauma, which can frequently stem from sexual assault and childhood sexual abuse. If you live in British Columbia and are looking for a counsellor, I welcome you to book in for a free 20-minute consultation by clicking here. And if I’m not the right fit? I’m always more than happy to make a referral to my trusted network of clinicians.

References

[1] Canadian Intergovernmental Conference Secretariat. (2018). Reporting, investigating and prosecuting sexual assaults committed against adults – Challenges and promising practices in enhancing access to justice for victims. https://scics.ca/en/product-produit/reporting-investigating-and-prosecuting-sexual-assaults-committed-against-adults-challenges-and-promising-practices-in-enhancing-access-to-justice-for-victims/

[2] Ending Violence Association of British Columbia. (2024). New sexual assault policing standards incorporate Third Party Reporting. https://endingviolence.org/new-sexual-assault-policing-standards/#:~:text=All%20police%20agencies%20in%20BC,accountability%20for%20evidence%2Dbased%20investigations.

[3] Doolittle, R., Pereira, M., Blenkinsop, L., Agilus, J. (2017). Will the police believe you? A 20-month investigation by The Globe and Mail. Globe & Mail. https://www.theglobeandmail.com/news/investigations/compare-unfounded-sex-assault-rates-across-canada/article33855643/

[4] Canadian Women’s Foundation. The facts about the #MeToo movement and its impact in Canada. https://canadianwomen.org/the-facts/the-metoo-movement-in-canada/#:~:text=On%20October%2015%2C%202017%2C%20actress,life%2C%20to%20do%20just%20that.

[5] Björk, B. C., & Solomon, D. (2013). The publishing delay in scholarly peer-reviewed journals. Journal of informetrics, 7(4), 914-923.

[6] Royal Canadian Mounted Police. Information for sexual assault survivors. https://rcmp.ca/en/relationship-violence/information-sexual-assault-survivors

[7] Saskatoon Sexual Assault & Information Centre. What to expect when reporting a sexual assault. https://ssaic.ca/wp-content/uploads/2020/11/SSAIC-What-to-Expect-when-Reporting-FINAL.pdf

[8] Schwartz, M. D. (2010). National institute of justice visiting fellowship: Police investigation of rape—Roadblocks and solutions. US Department of Justice. http://www.ncjrs.gov/pdffiles1/nij/grants/232667.pdf

[9] McQueen, K., Murphy-Oikonen, J., Miller, A., & Chambers, L. (2021). Sexual assault: women’s voices on the health impacts of not being believed by police. BMC Women's Health, 21(1), 217.

[10] Ferguson, C. E, Malouff, J. M. (2016). Assessing police classifications of sexual assault reports: A meta-analysis of false reporting rates. Archives of Sexual Behavior, 5, 1185.

[11] Lorenz, K., Kirkner, A., & Ullman, S. E. (2019). A qualitative study of sexual assault survivors' post-assault legal system experiences. Journal of Trauma & Dissociation, 20(3), 263–287. https://doi.org/10.1080/15299732.2019.1592643  

[12] McDonald, S., & Tijerino, A. (2013). Male survivors of sexual abuse and assault: Their experiences. Department of Justice, Canada.

[13] Bieneck, S., & Krahé, B. (2011). Blaming the victim and exonerating the perpetrator in cases of rape and robbery: Is there a double standard?. Journal of interpersonal violence, 26(9), 1785–1797. https://doi.org/10.1177/0886260510372945

[14] Alderden, M. A. & Ullman, S. E. (2012). Creating a more complete and current picture: Examining police and prosecutor decision-making when processing sexual assault cases. Violence Against Women, 18(5), 525-551.  https://doi.org/10.1177/1077801212453867  

[15] Jordan, J. (2004). Beyond belief? Police, rape and women’s credibility. Criminal Justice, 4(1), 29-59. https://doi.org/10.1177/1466802504042222 

[16] Bunting, L. A. (2014). Exploring the influence of reporting delay on criminal justice outcomes: Comparing child and adult reporters of childhood sexual abuse. Journal of Child Sexual Abuse, 23(5), 577-594.

[17] Larsen, S. E., Pacella, M. L., Garfin, D., Mota, N. P., Hunt, J., & deRoon-Cassini, T. A. (2017). Inconsistencies in the reporting of perceived trauma severity among acute physical injury survivors. Journal of Aggression, Maltreatment & Trauma, 26(5), 525-542.

[18] Krinsley, K. E., Gallagher, J. G., Weathers, F. W., Kutter, C. J., & Kaloupek, D. G. (2003). Consistency of retrospective reporting about exposure to traumatic events. Journal of Traumatic Stress: Official Publication of The International Society for Traumatic Stress Studies, 16(4), 399-409.

[19] Patterson, D. (2011). The impact of detectives’ manner of questioning on rape survivors’ disclosure. Violence Against Women, 17, 1349–1373. https://doi.org/10.1177/1077801211434725 

[20] Murphy-Oikonen, J., Chambers, L., McQueen, K., Hiebert, A., & Miller, A. (2022). Sexual assault: Indigenous women’s experiences of not being believed by the police. Violence against women, 28(5), 1237-1258.

[21] Bryant-Davis, T., Ullman, S. E., Tsong, Y., Tillman, S., & Smith, K. (2010). Struggling to survive: Sexual assault, poverty, and mental health outcomes of African American women. American Journal of Orthopsychiatry, 80(1), 61–70. https://doi.org/10.1111/j.1939-0025.2010.01007.x 

[22] Irving, T. (2008). Decoding black women: Policing practices and rape prosecution on the streets of Philadelphia. National Women’s Studies Association Journal, 20(2), 100–120. http://dx.doi.org/10.1353/ff.2008.a247356  

[23] Schuller, R. A., & Stewart, A. (2000). Police responses to sexual assault complaints: The role of perpetrator/complainant intoxication. Law and Human Behavior, 24, 535-551. https://doi.org/10.1023/A:1005519028528 

*I do my best to ensure my posts are accurate and to cite reputable sources, however if you notice something that needs a correction please reach out to me at monica@beginagaintoday.ca.