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FOUR-YEAR REVIEW OF THE CHILD SEXUAL ABUSE PROVISIONS OF THE CRIMINAL CODE AND THE CANADA EVIDENCE ACT (FORMERLY BILL C-15)

NCJ Number
144479
Date Published
1993
Length
53 pages
Annotation
As required by the Canada Criminal Code, the House of Commons Standing Committee on Justice and the Solicitor General undertook a 4-year review of the child sexual abuse provisions of the Code and the Canada Evidence Act.
Abstract
In response to this requirement, the Department of Justice conducted research studies in several Canadian jurisdictions to ascertain the impact of the new legislation on the processing of child sexual abuse cases by the criminal justice system. In terms of offenses, the Department found that charges under the new offenses increased; most child sexual assaults involved fondling rather than intercourse. Boys were victims in 20-30 percent of the cases, and girls in the remainder. A significant number of cases were dropped before trial; in those cases in which charges were laid, the defendant pleaded guilty 22-28 percent of the time. Conviction rates ranged between 59 percent and 83 percent, and incarceration figures were similar. In most cases, the child knew the assailant, who was male in 94 percent of the cases. Because many of the victims were young, there has been an increase in the use of child witnesses. In many cases, defendants were convicted without corroborating evidence of this testimony. Screens blocking the victim's view of the defendant and testimony given via closed-circuit television were rare occurrences in the Canadian criminal justice system. 37 notes and 3 appendixes