May is Sexual Violence Prevention Month. This month, we recognize the decades of survivor-led anti-sexual violence advocacy by Black, Indigenous, and racialized women, and mark the moment with a critical call to action to protect and support survivors.
While advocacy has fostered greater public awareness over the years, sexual violence remains a persistent and insidious problem across Canada – infiltrating spaces such as our healthcare system, online platforms, and sports clubs to name a few.
The data tells the story – rates of sexual violence have not meaningfully decreased since 1999.
Women, girls, and gender- diverse people continue to face the greatest risk of assault – with Indigenous and Black women experiencing this violence at a disproportionate rate. Over 30% of all women aged 15 and older in Canada have been sexually assaulted.
These harrowing statistics underscore what we already know. Survivors, advocates, and scholars have long voiced significant concerns about the criminal legal system as an appropriate avenue to redress sexual violence and prevent future harm.
Less than 6% of sexual assaults in Canada are reported to the police, with fewer going all the way to a trial. Many survivors also report being re-traumatized by the criminal process, which involves intense—and often invasive—scrutiny over personal details. In addition, survivors do not have control over the criminal process because they are considered witnesses, not direct parties, in a criminal trial.
The good news is – multiple pathways to justice for survivors exist
As an alternative to criminal processes with deep roots in Black, Indigenous, queer, and sex worker communities, restorative and transformative justice processes seek to repair harm by bringing together the person who was harmed and the person who caused harm, providing an opportunity for survivors to centre their experience and identify their accountability needs.
The bad news is – not everyone has access to this option. For the past 30 years, survivors in Ontario have been prohibited from diverting their sexual assault case to a restorative justice process. Despite calls for reform, Ontario’s Crown Policy D.4 has limited survivors’ options for decades.
In a recent report from the Women’s Legal Education and Action Fund (LEAF) and Community Justice Initiatives, Ontario staff and volunteers within the gender-based violence (GBV) sector shared their perspectives on access to restorative and transformative justice for survivors.
The findings displayed strong support across the sector to enhance access to survivor-led, community-based responses for survivors of sexual harm.
Restorative justice has been shown to decrease instances of repeated harm and aligns with provincial priorities of victim-centered justice, violence prevention, and mental health. Despite this evidence and widespread support, access remains unequal.
Survivors deserve options, not obstacles
Reforming Crown Policy D.4 is a critical step toward expanding options and respecting survivor autonomy. This Sexual Violence Prevention Month, we have the opportunity to push for change.
It’s more clear than ever that the criminal legal system can’t be the only option available for survivors.
Tell your elected officials that it’s time to reform Crown Policy D.4 and promote survivor autonomy.
To learn more about LEAF’s advocacy on restorative and transformative justice, read our report Bridging Justices: A Critical Exploration of Moratoriums on RJ/TJ for Sexual Harm in Ontario.