What to Expect in the Criminal Justice System

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What to Expect in the Criminal Justice System

The court process in Ontario can be a difficult and frustrating system to navigate. When it comes to prosecuting and convicting cases involving childhood sexual abuse, that frustration can turn to disappointment and distrust in our justice system.

Ontario-specific data that tracks every stage of childhood sexual assault cases (from report to charge to conviction) is not often published. There is no distinction between childhood sexual assault versus sexual assault, which makes it impossible to distinguish. The best available evidence on sexual assault comes from Statistics Canada.

Statistics Canada does not publish a separate national conviction pathway exclusively for childhood sexual abuse. However, research consistently shows that childhood sexual abuse cases experience similar (and sometimes lesser) conviction rates because of factors such as:

delayed disclosure (often years after the abuse),
evidentiary challenges,
lack of corroborating physical evidence,
reliance on victim testimony,
offences occurring in private settings,
family or caregiver involvement,
witness credibility issues associated with the age of the complainant.

Earlier Statistics Canada analyses found that sexual assaults against children committed by a parent or step-parent were among the least likely cases to result in conviction after being reported to police (Statistics Canada, Family Violence in Canada, and related Juristat analyses).

While conviction data has not yet been updated beyond the 2015–2019 cohort, Statistics Canada has released newer information on reporting and police-reported incidents.

Some notable updates include:

Police-reported sexual assaults have continued to increase across Canada through 2023.
The proportion of victims reporting sexual assault to police appears to have increased modestly. Earlier surveys estimated approximately 6%, whereas the 2025 General Social Survey found approximately 8.6% of victims reported the incident to police.
Despite this improvement in reporting, federal reports continue to note that only a small fraction of reported cases ultimately result in legal consequences.

Research shows that conviction rates remain comparatively low, likely due to survivors disclosing years or decades after the abuse. This can result in evidentiary challenges beyond those seen in adult sexual assault cases.

The strongest and most current Canadian data remain the 2024 Statistics Canada Juristat report.

Between 2015 and 2019:

115,859 sexual assaults were reported to police.
36% resulted in criminal charges.
Approximately 23% proceeded to criminal court.
Approximately 10% resulted in a guilty finding (conviction).

Why childhood sexual abuse cases have even greater attrition

Although Statistics Canada does not publish a conviction rate exclusively for child sexual abuse cases, Canadian research identifies several factors that reduce the likelihood of a conviction.

Delayed disclosure

Perhaps the most important finding is that delayed disclosure is the norm rather than the exception.

Research by Canadian scholars Ramona Alaggia and Delphine Collin-Vézina found that children commonly:

delay disclosure for months, years, or decades;
disclose gradually rather than all at once;
initially deny or partially disclose abuse;
recant because of fear or family pressure.

Reasons include:

fear of not being believed;
shame and self-blame;
threats by the offender;
loyalty toward a parent or trusted adult;
fear of breaking up the family;
developmental limitations in understanding the abuse.

Importantly, the Canadian Department of Justice emphasizes that delayed disclosure should not be interpreted as evidence that an allegation is false.

Lack of physical evidence

When abuse is disclosed years later:

DNA evidence is absent;
medical findings are uncommon;
witnesses are rarely available;
memories of dates and locations may be incomplete.

Consequently, many prosecutions rely almost entirely on witness testimony.

Abuse usually occurs in private

Research consistently shows child sexual abuse most often occurs:

in private residences;
without eyewitnesses;
by someone known to the child.

This creates evidentiary challenges because the case often depends on assessing credibility.

The offender is frequently someone the child knows

Many offenders are:

parents
step-parents
relatives
family friends
coaches
teachers
trusted adults

Children abused by someone they trust are significantly more likely to delay disclosure.

Ontario Crown policy

Ontario's Crown Prosecution Manual recognizes the unique challenges in child abuse prosecutions.

Ontario Crown policy directs prosecutors to:

use testimonial aids whenever appropriate;
engage victim support services;
seek independent legal advice for victims regarding records;
avoid withdrawing or reducing sexual abuse charges without senior Crown approval;
avoid resolving child sexual abuse prosecutions by pleading to non-sexual offences unless exceptional circumstances exist.

These policies reflect recognition that offences against children require specialized handling.

Canadian research on delayed prosecution

One particularly relevant Canadian study analyzed 4,237 criminal complaints of child sexual abuse heard in Canadian criminal courts.

The researchers concluded:

delayed prosecutions are common;
delays of years or decades are expected in many child sexual abuse cases;
abuse by trusted adults often results in the longest reporting delays;
longer abuse duration was associated with longer delays before criminal prosecution.

Recent evidence (2026)

A newly published empirical study examined whether delayed disclosure itself predicts conviction.
Interestingly, researchers found:

delayed reporting did not significantly reduce the likelihood of conviction once a case entered the justice system;
instead, the strongest predictors of conviction were:
the thoroughness of the police investigation, and
the victim's age at the onset of abuse.

This suggests that while delayed disclosure makes investigation more difficult, robust investigative practices can substantially influence legal outcomes.

Deciding whether to file a police report is a deeply personal and often difficult decision. There are many factors to consider, as outlined in detail above. Although some cases result in criminal convictions, many do not. As a result, achieving justice through the Canadian criminal justice system can be a lengthy, complex, and emotionally draining process.

When an individual is found guilty of a criminal offence, the court may impose a sentence that includes a term of incarceration (in a federal or provincial correctional facility), a Conditional Sentence (commonly referred to as house arrest), community supervision (probation, parole), or a combination of these measures.

When an offender is serving a sentence in the community under probation or parole, they are supervised by a probation or parole officer and must comply with court-ordered or release conditions. These conditions may include restrictions on contacting the victim and can include movement or location restrictions. Victims may receive information about an offender's status or release, and victim safety concerns can be considered in the supervision process. For some survivors, knowing that an offender is subject to ongoing supervision and monitoring may provide an added sense of reassurance.

Every survivor's journey is different. While the criminal justice system is one avenue toward accountability, many survivors also find healing through counselling, community support, restorative practices, and reclaiming control over their own recovery.

What can people do who want change in the criminal court process?

Contact their MP (Member of Parliament)

The federal government is responsible for:

The Criminal Code of Canada.
Criminal laws, sentencing, and evidentiary rules.
Funding and policy related to victims' rights.
Appointments of federally appointed judges (superior courts).

People can ask their MP to advocate for:

Stronger protections for child victims and survivors.
Improvements to the Criminal Code where gaps exist.
Enhanced victims' rights legislation.
Increased federal funding for trauma-informed services and specialized prosecutors.
Research and national strategies to address child sexual abuse.

Contact their MPP (Member of Provincial Parliament)

Ontario is responsible for:

Administration of the criminal courts (Ontario Court of Justice).
Crown prosecutors.
Police oversight and policing legislation.
Victim services.
Funding for mental health and counselling programs.

People can ask their MPP to advocate for:

Increased funding for specialized Crown attorneys and investigators.
More trauma-informed training for police, prosecutors, and judges.
Reduced delays through increased court resources.
Expanded access to counselling and victim support services.
Improved services for children and adult survivors reporting historical abuse.
Greater transparency regarding case outcomes and system performance.