Only 6% of sexual assaults are reported to the police every year. Among these reports, 11% result in a conviction, and only about 50% of these convictions result in a prison sentence1, the only penalty that will ensure a complete halt to violence during the period of incarceration. This low conviction rate discourages many victims and survivors, who perceive the judicial process as a “double punishment,” where the hope of justice seems slim in the face of the magnitude of the process.
Sexual Assault: a Crime Still Fraught with Prejudice and Stereotypes, the Legacy of a Patriarchal Society
Social norms that hinder access to justice
Canadian and Québec culture is marked by patriarchy. In other words, Canadian society is based on “a social and legal organization founded on the holding of authority by men, to the express exclusion of women.2” This organization is reflected in all aspects of life, with norms that favour men and traditional male behaviour. The justice system is no exception to this dynamic, and domestic violence and sexual violence bear witness to this inequality: 90% of victims are women, and 95% of aggressors are men3.
Sexual assault is therefore distinct from other crimes due to its social nature. Reporting this crime is not a simple administrative procedure; the victim is faced with a heavy burden of shame and stigmatization. Their word is questioned, often used against them by the aggressor in a judicial process that allows such acts to take place.
These obstacles, fuelled by stereotypes and prejudices, such as the idea of the “perfect victim” or “real rape,” compound the suffering of victims and survivors. This is known as “secondary victimization” or “double punishment.” Victims do not truly regain their power through the legal process, but rather come up against a system that compounds their suffering.
The myth of the “perfect victim” or the “good victim”4
In general, the “perfect victim” is a woman who wears conservative clothes, doesn’t leave the house alone at night, reports the assault immediately after the fact and weeps in court. In other words, society has a very clear idea of the appearance and behaviour of a victim of sexual violence. Victims and survivors who do not fit this model are considered less credible by society and the law.
Although this myth has been an error of law since the case of Judge Robin Camp, who asked a victim, “why couldn’t you just keep your knees together?”5, the four stereotypes that fuel it persist:
- A sexually active woman is more likely to consent and would be less credible
- A woman who does not immediately report her attacker is not credible
- A woman who doesn’t resist an assault is more likely to have consented to it
- A woman in therapy is more likely to lie
In the context of legal proceedings, these stereotypes have genuine consequences for victims and survivors, affecting their well-being. Constance Laurin, Clinical Services Manager at Juripop, a Montreal-based NPO offering multidisciplinary legal services, testified that some victims prefer “not to undertake any further follow-up, for fear that the opposing party will be informed of personal details, or that the fact of having consulted a psychosocial resource will be held against them. This again places them in a situation of considerable vulnerability and reinforces the existing balance of power, that of the violence they have suffered and for which they are seeking reparation.”
Classification of cases based on “real rape.” There is a concept of the “perfect victim”, but also of “real rape”. This is a popular image, shaped by stereotypes, which portrays sexual assault as “violent aggression, committed by a stranger, against a ‘respectable’ woman, i.e., white, middle-class, married or a virgin, who resisted the assault and, consequently, suffered injuries and, finally, who clearly and publicly reported her assailant at the first opportunity6.” However, in 2019, 81.4% of victims and survivors of sexual assault who reported an assault to police in Québec knew the alleged assailant, and 69% of incidents were non-violent in nature7.
These assumptions have implications at every level of a legal proceeding, starting with police decision-making policies when they receive complaints. In 2017, the Royal Canadian Mounted Police (RCMP) re-examined all sexual assault complaints classified as “unfounded” since 2016. Of 10,038 reports of sexual assault, 2,225 cases have been dismissed. After reviewing these cases, the RCMP estimated that 57% of them should not have been classified as unfounded8. In 2017, an article in The Globe and Mail came out on the subject, showing that the rate of sexual assault complaints reported as “unfounded” by police in Canada was almost twice as high as other types of crime9.
This is a well-known obstacle within feminist communities. In 2015, the Regroupement québécois des Centres d’aide et de la lutte contre les agressions à caractère sexuel launched the hashtag #OnVousCroit in response10. In 2025, this is still one of the main demands of feminist collectives in many countries, and has helped to rethink the approach to supporting victims and survivors of sexual assault, gradually deconstructing rape culture11.
A Gap Between Law and Perception: the Misunderstanding of Sexual Violence in Both Camps
Rape culture is still present in the justice system, largely due to a lack of understanding of sexual violence and the stereotypes that surround it. Current legislation does not take into account the complexity of domestic violence. Such violence is punishable as sexual assault, assault, threat, stalking or obstruction of justice. However, it is regrettable that some of the specific characteristics of domestic violence and sexual violence are not taken into account and enshrined in law.
Coercive control12, for example, is recognized as a significant form of violence in the context of domestic violence. However, the law makes no mention of this. A bill to create a new offence in the Criminal Code to punish coercive control has not yet been passed13. The law is gradually evolving in line with advances in research and changing attitudes, but at times this evolution lags behind social realities.
It is not just a question of legislative modifications. It also involves structural reforms that take into account the traumatic and social impact of these crimes, recognizing the diversity of reactions and behaviours of victims and survivors, and deconstructing the associated myths. These aspects will be addressed in the second part of this article.
Misunderstanding of sexual violence is not a one-way street. The frustration and sense of injustice felt by victims, their families and advocates for the rights of women, girls and gender minorities are not just the result of a conservative and rigid legal system. A lack of understanding of what constitutes “sexual violence” in law also plays a decisive role.
As well as adjusting the legal system and training those involved in the justice system, greater transparency of the law and simplification of procedures would enable victims to prepare themselves better, build stronger cases and be more aware of their rights. These elements could not only facilitate the conviction of aggressors, but also change the perception of legal professionals, who are often perceived as obstacles.
When Traditional Social Norms Shape an Ineffective Legal System Against Domestic and Sexual Violence
Criminal proceedings insufficiently adapted to sexual violence
Criminal proceedings are complex, lengthy and ill-suited to the needs of victims and survivors of sexual violence. From the complaint to the sentence, it often discourages victims from initiating and completing this process due to a number of obstacles, including institutional violence, difficulties related to evidence, the exclusion of the victim as the main actor in his or her own trial, difficult access to a lawyer and the multiplicity of steps to be taken.
Institutional violence
In most cases, the starting point for criminal proceedings is for the victim to report the crime. Filing a complaint is the first painful step in a long process. It’s a process during which victims and survivors are repeatedly asked to recount the traumatic events they have experienced so that all the parties involved can hear their side of the story. Their versions will also be contradicted during investigations, cross-examinations, confrontations and hearings.
Added to this ordeal is institutional violence. In other words, the secondary victimization that results from the often inappropriate behaviour of the various actors and perpetrators of violence is imbued with stereotypes and prejudices due to a lack of training and introspection, but also to a desire for control. “Many strategies are used by perpetrators of violence, such as handing in documents late, not disclosing their income, and contesting all requests that lead to long delays”, explains Constance Laurin. “Perpetrators of violence instrumentalize the judicial system, which becomes a breeding ground for institutional violence.”
These lengthy procedures, as well as the energy required at each new stage and action by the opposing party and the players in the legal system, sometimes push victimized people to abandon the proceedings. If they persist, they prolong their suffering and delay the reparation phase.
Probatory difficulties
Because of the seriousness of the criminal acts and the penalties incurred by the perpetrators of domestic and sexual violence, the rules of criminal procedure are demanding. One of these rules is that a high standard of proof is required to convict an accused person. In criminal cases, the evidence must establish the accused’s guilt “beyond all reasonable doubt”.
This type of violence is often complex to understand, as it involves mechanisms of domination, psychological violence and coercive control, all of which are difficult to prove in court. The difficulty of finding evidence is not the only obstacle; the time elapsed between the complaint and the facts, the “word against word” when such violence takes place in private, and the contradictory versions of the victim due to the hold and fear of reprisals also complicate the demonstration of the existence of violence.
The absence or inadmissibility of evidence can lead to the prosecution being dropped or the accused being acquitted, fuelling victims’ incomprehension, feelings of injustice and discouragement.
Excluding the victim from the criminal trial
As the aim of the trial is to cast doubt on the veracity of the violence presented by victims and survivors, the latter are not part of the criminal trial. They only play the role of witnesses, and therefore do not participate in major decisions affecting their lives. As soon as the complaint is filed, the decision to prosecute the accused is made by the Crown prosecutor, without the victim being able to contest it14.
The victim’s passive role fosters a sense of injustice, preventing them from regaining control over events and obtaining social and legal recognition for the violence they have suffered, which considerably diminishes the restorative dimension of the criminal trial.
Access to the services of a trained lawyer
Getting help from a lawyer is not a sure thing. The first obstacle is financial, as lawyers’ fees in private practice are high. Although legal aid is available for people on modest incomes, the current rates do not guarantee free or reduced-rate assistance. Beyond the financial issue, there is also the question of the availability of competent lawyers to handle cases of domestic violence and sexual violence. Complainants do not have the freedom to choose their own lawyer, and therefore have no certainty of access to relevant advice, time and assistance from professionals trained when it comes to the violent and complex situations they face.
This inequality of access to the assistance of a trained lawyer is problematic, given that the latter is essential to the protection of victims and the defence of their rights. The lawyer’s role is not only to guide the client through a complex and opaque legal system, but also to advise and represent them, to speak on their behalf and to ensure that their interests are defended. Beyond their legal skills, lawyers carry the victim’s voice when they are no longer in a position to do so.
In turn, these professionals are overworked and often lack the necessary resources. In 2019 and 2020, a survey of members of the Québec Bar revealed that lawyers were feeling increasing pressure from their clients15.
The multiplicity of procedures
Victims and survivors of domestic and sexual violence often have to deal with several legal proceedings at the same time, in addition to the trauma and the need to get on with daily life. Indeed, criminal proceedings are often accompanied by parallel civil proceedings. The problems listed above are then multiplied by the number of proceedings… not to mention the fact that victims run the risk of contradictory decisions by the various courts involved. The different courts involved do not communicate with each other, and this lack of interaction is detrimental to the proper handling of the case by the courts.
New Perspectives: The Work of Community Organizations and Professionals
The problems observed in the justice system are prompting reactions from community organizations and committed legal professionals, which are organizing to overcome the obstacles encountered by victims and survivors through accessible legal and psychosocial support and legislative initiatives.
Such is the case of Juripop, whose mission is to ensure access to justice with the aim of guaranteeing respect, autonomy and dignity for victims. The organization also has an Innovative Practices Laboratory to implement new approaches to domestic and sexual violence via the civil court, which allows greater flexibility and adaptation to the specificities of the violence discussed above16. It does not, however, overcome all obstacles, particularly in terms of the safety and protection of victims and the speed of action.
From this observation, the community milieu has formulated recommendations for Bill 73. Introduced in October 2024, this bill aims to counter the non-consensual sharing of intimate images and improve protection and civil support for victims of violence during the judicial process. Among the recommendations are measures such as remote testimony, the confidentiality of the victim’s address in documents accessible to the opposing party, the possibility of being accompanied by a support person or an emotional support dog, and the simplification of obtaining and applying civil protection orders.
Another solution proposed by Juripop and others is the presence of psychosocial support workers who work with law firms and clinics to prepare victims for the violence and complexity of the legal system. “Victims experience consequences that sometimes affect their cognitive abilities, their ability to organize their thoughts, which makes it necessary, upstream, to meet with a support worker before a call with a lawyer, for example, to prepare the points to be addressed”, affirms Constance Laurin. “This reduces the length of the call, and therefore costs, while ensuring that all essential information is brought to the fore. This can be implemented; we’ve tested it.”
Let’s finish with a development that came into being in 2019 following the report of a committee of experts on support for victims of sexual assault and domestic violence. This is Bill 9217, tabled by the government. This bill proposes the creation of a specialized sexual assault and domestic violence court in Québec. It was adopted on November 26, 2021.
The purpose of this law is to:
“It aims to rebuild the trust of victims of sexual and domestic violence in the justice system. It also aims to offer these people integrated and adapted psychosocial and judicial services from their first contact with a police department.” (About the specialized court, loose translation)
Pilot courts have been set up in several districts of the province to determine the permanent location of this specialized court.
These ongoing efforts are helping to adapt the legal system to the specific case of domestic and sexual violence, taking into account its traumatic and social nature. Although the system is still far from ideal, many solutions and resources exist. As Constance Laurin concludes, “it’s important to “find out about your rights and remedies so you can make an informed decision in the light of your expertise, life history and stage of awareness of the violence.”
Resources and tools to assist you
- CAVAC (Centres d’aide aux victimes d’actes criminels)
Free, confidential support for victims of criminal acts, helping them with legal and administrative procedures. It also offers listening, emotional support and information services to help victims overcome the impact of traumatic events.
+1-866-532-2822
[email protected]
https://cavac.qc.ca/en/
- Rebâtir
4 hours of free legal advice for victims of sexual and domestic violence.
+1-833-732-2847
https://www.rebatir.ca/
- Legal Aid
Un service public offert par des avocat·e·s et des notaires gratuitement ou moyennant une contribution aux personnes financièrement admissibles qui en font la demande.
+1 800 842-2213
Website
- Legal Information Clinic (YWCA Montreal)
Free, confidential legal services for women and non-binary people, particularly on issues of domestic violence, family rights and harassment. The clinic provides legal advice, information and referrals to help people better understand their rights and remedies. Check out its community legal information bulletins.
+1-514-866-9941, ext. 293
Contact Form
- Juripop
Free or low-cost legal services for vulnerable people, and a laboratory for innovative practices to rethink access to justice, particularly in cases of sexual and domestic violence.
+1-855-587-4767
[email protected]
https://juripop.org/en/
- Free training “Mieux comprendre le processus judiciaire pour mieux intervenir auprès des femmes victimes de violence” by the Fédération des maisons d’hébergement pour femmes.
Me Marylin Coupienne
+ 1-514-878-9757, ext. 228
[email protected]
Catherine Papineau
+1-514-878-9757, ext. 227
[email protected]
https://fmhf.ca/
- The Legal Collective
Free legal consultations, accompanied by counselling, to help individuals understand and navigate Québec’s legal system.
+1-514-507-3054
[email protected]
https://lecollectifjuridique.ca/en/
- SOS violence conjugale
24/7 support for victims of domestic violence, with listening services, advice and referral to appropriate resources, accompaniment for support workers, and public awareness of the issue of domestic violence.
+1-800-363-9010
+ 1-438-601-1211 (text)
https://sosviolenceconjugale.ca/en
- Éducaloi
Resources, educational tools, practical advice and accessible legal information to help citizens better understand their rights and obligations in Québec.
https://educaloi.qc.ca/en/
- Boussole juridique
A directory of free and low-cost legal resources in Québec.
https://boussolejuridique.ca/en/
References
1. Adam Cotter (2019). Criminal Victimization in Canada. Canadian Centre for Justice and Community Safety Statistics. Retrieved from https://www150.statcan.gc.ca/n1/pub/85-002-x/2021001/article/00014-eng.htm
2. Barreau du Québec (2022). Faits saillants, Barreau-mètre 2022. Barreau du Québec, p.16. Retrieved from https://www.barreau.qc.ca/media/gadfrlil/barreau-metre-2022-faits-saillants.pdf
3. Émilie Raymond. Procès-criminel : la vérité pour les victimes?. Association des services de réhabilitation sociale du Québec. Retrieved from https://asrsq.ca/en/porte-ouvert-magazine/la-reintegration-sociale-communautaire/proces-criminel-verite-pour-victimes
4. Institut national de santé publique du Québec (INSPQ) (2024). Les dévoilements de violence sexuelle sur les médias sociaux. INSPQ. Retrieved from https://www.erudit.org/fr/revues/cd1/2020-v61-n1-cd05239/1068782ar/
5. Institut national de santé publique du Québec (INSPQ) (2024). Statistiques sur la violence sexuelle. INSPQ. Retrieved from https://www.inspq.qc.ca/en/sexual-violence/statistics
6. Michaël Lessard (2017). « Why Couldn’t You Just Keep Your Knees Together? » L’obligation déontologique des juges face aux victimes de violences sexuelles. McGill Law Journal. Retrieved from https://lawjournal.mcgill.ca/article/why-couldnt-you-just-keep-your-knees-together-lobligation-deontologique-des-juges-face-aux-victimes-de-violences-sexuelles/#:~:text=La%20%C2%AB%20bonne%20victime%20%C2%BB%20d%C3%A9signe%20donc,durant%20et%20apr%C3%A8s%20l%27agression
7. Mathilde Bernard, Emily Dutremble (2025). Demysstifying Coercive Control. Legal Information Clinic, YWCA Montreal. Retrieved from https://www.ydesfemmesmtl.org/en/demystifying-coercive-control/
8. Maude Cloutier (2020). L’instauration de tribunaux spécialisés en matière de crimes sexuels : un pas de plus vers la reconstruction d’une confiance brisée. Les Cahiers de droit, p. 83-112. Retrieved from https://www.erudit.org/fr/revues/cd1/2020-v61-n1-cd05239/1068782ar/
9. Pierre Bonte, Michel Izard (1991). Dictionnaire de l’ethnologie et de l’anthropologie. Presses universitaires de France, p. 455.
10. Simon Jolin-Barette (2021). Bill n° 92, Act to create a court specialized in sexual violence and domestic violence (modified title). Assemblée nationale du Québec. Retrieved from https://www.assnat.qc.ca/fr/travaux-parlementaires/projets-loi/projet-loi-92-42-1.html
11. Statistique Canada (2024). AFFAIRES D’AGRESSION SEXUELLE AU CANADA : de la police aux tribunaux de juridiction criminelle. Statistique Canada. Retrieved from https://www150.statcan.gc.ca/n1/fr/pub/11-627-m/11-627-m2024051-fra.pdf?st=5YINX9zo
12. Zoé-B. Little, Laurence Fafard (2023). Tribunal civil et violence conjugale: éléments clés à considérer avant d’entamer une poursuite. Legal Information Clinic, YWCA Montreal. Retrieved from https://www.ydesfemmesmtl.org/tribunal-civil-et-violence-conjugale-elements-cles-a-considerer-avant-dentamer-une-poursuite/
