During the height of the “MeToo” Movement in 2017, The Globe and Mail published a series of articles criticizing Canadian police forces for closing 20 percent of sexual assault cases for being “unfounded.” The “ Unfounded ” series amplified the MeToo Movement’s momentum in Canada and spurred federal and provincial governments to enact numerous measures to reform police sexual assault investigations and victim support services. Among the measures, the RCMP reviewed over 30,000 closed cases that were deemed unfounded. However, as of 2022, only 242 had been reopened , leading to 26 sexual assault charges.
Perhaps because of the Unfounded series and subsequent government response, the number of sexual assault cases closed for being unfounded has dropped by half. According to the latest Statistics Canada incident-based crime data , of the nearly 36,000 Level 1 sexual assault incidents reported to police in 2023, only 2,699 — 7.01% — were deemed unfounded. Interestingly, this 7.01% figure falls within the 2%-8% range of actual annual false sexual assault reporting cited by the Unfounded series, based on other research.
While “Believe all women” became a catchphrase of the MeToo Movement, some alleged victims make false sexual assault allegations to police, whether due to false memories or malicious intent. Anyone falsely accused of sexual assault faces possible arrest and harsh punishment if convicted, not to mention the potential turmoil it can cause to their careers, relationships, and mental health.
If you’re facing unfounded sexual assault claims, it’s crucial to consult a sexual assault lawyer in Canada as soon as possible. “ Whatever else, if you discover that you’re being falsely accused of sexual assault, call a lawyer before talking to police ,” says criminal defence lawyer Robbie Tsang , managing partner of the Greater Toronto Area’s Mass Tsang law firm. “ If you know the accuser, the other action you should immediately take is to preserve all communications with them, whether texts, emails, phone messages, social media, dating apps, or other media. ”
Mass Tsang’s managing partner, Jeff Mass , adds, “ Defending against sexual assault charges is challenging enough on its own. If you’re innocent of the offence, the mental health and reputational damage consequences are compounded. And a wrongful conviction for sexual assault is an absolute travesty. ”
Anyone facing false sexual assault allegations should know that Mass Tsang’s sexual assault lawyers are available 24/7 to confidentially consult with them and provide experienced legal support. Once you’ve contacted them, read on to learn what else you need to know when falsely accused of sexual assault.
Canada’s Criminal Code broadly defines sexual assault as any non-consensual touching of a sexual nature. Under Section 271 of the Code, which covers “Level One” or “basic” sexual assault, non-consensual touching entails everything from an unwanted pat on the buttocks to forcible rape. Punishment upon conviction ranges from probation to up to 16 years imprisonment, depending on the severity of the offence and whether it’s charged as an indictable or summary conviction offence.
Section 272 (Level 2) “sexual assault with a weapon, threats to a third party, or causing bodily harm,” and Section 273 (Level 3) “aggravated sexual assault,” are strictly indictable offences that carry harsher sentencing and mandatory minimum prison terms.
Most annual Canadian police sexual assault investigations involve Level 1 allegations, with police investigating about 120 aggravated sexual assaults on average per year since 2017 and 600 Level 2 ones. As with the number of unfounded Level One sexual assaults decreasing since 2017, the unfounded numbers for the other sexual assault categories have also declined. As of the 2023 reporting year, 2.49% of Level 2 and 4.67% of Level 3 sexual assaults were closed as unfounded.
Statistics aside, we encourage you to further educate yourself on what you should do if you’re falsely accused of sexual assault by reviewing some of our other detailed guidance here and here . You should also contact us immediately to schedule a free initial consultation.
If someone files a police report accusing you of sexual assault, you may not find out about it until the police start questioning you or arrest you based on their belief that they have enough evidence to lay charges, and it’s better to question you with the additional pressure of the arrest. In some cases, especially if the alleged victim knows you, you might learn about the allegations and police involvement through word of mouth. Whatever the case, it’s crucial to seek legal advice as soon as you believe that the alleged offence may be reported to police.
The timeline of a police sexual assault investigation spans anywhere from a couple of days to weeks, months, and even over a year, depending on the type of assault, case complexity, police workload, and other factors. Simple Level 1 sexual assaults with minimal physical contact can often be investigated within a few days, while rape and Level 2 and 3 ones usually take weeks or months to investigate due to higher evidentiary needs for successful prosecution.
Once police believe they have enough evidence to lay charges, they will place you under arrest. The severity of the offence typically dictates whether police will release you after processing or hold you in pre-trial custody. Police typically strive to keep those with the more severe forms of Level 1 rape, Level 2, and Level 3 in custody. If you’re facing prep-trial custody, it’s imperative to hire a skilled bail hearing lawyer to help you successfully navigate Ontario’s judicial interim release process so that you can easily assist your lawyer with your defence.
The court processing of a sexual assault charge typically begins with a first appearance, during which the court confirms the accused’s legal counsel status, and the Crown often submits its disclosure (evidence supporting the charges) to them. During the first appearance and any time after, the Crown may offer the accused a negotiated settlement to resolve the case without a trial. For lower-level offences, they may offer diversion or a plea deal, exchanging a guilty plea for a lesser charge and/or lenient sentencing.
Additionally, the Crown and Defence can — and often do — work on negotiating a settlement of the case to avoid trial. Such negotiations can continue even after the trial has begun. However, note that Crown prosecutors rarely negotiate with defendants without legal representation.
Successive legal steps typically depend on the severity of the charges and the strength of the Crown’s evidence. If the Crown opts to charge the offence(s) as indictable, the court will schedule a preliminary hearing to determine whether the case will be held before a judge alone in the Ontario Court of Justice or before a judge or jury in the Superior Court of Justice. Most indictable cases are held before the superior court.
Once the trial begins, both sides are allowed to present evidence and cross-examine witnesses. Judges and juries weigh the presented evidence in a way that must prove that the accused committed the sexual offence “beyond a reasonable doubt.” Failure to meet that threshold should result in acquittal. If the verdict is guilty, the court holds a separate hearing to help determine the penalties.
Anyone falsely accused of sexual assault undoubtedly wants to see their accuser face some comeuppance. If police can prove that an accuser knowingly fabricated a sexual assault allegation spurring their investigation, they can charge them with public mischief under Section 140 of the Criminal Code. Accusers who lie under oath, provide false evidence or swear a false statement may face harsher punishment charges, such as perjury, obstruction of justice, or false swearing.
If you’re facing the legal turmoil of being charged with sexual assault due to unsubstantiated allegations in the Greater Toronto Area, it’s imperative to seek immediate legal advice and representation. By proactively challenging false sexual assault charges early in the legal process, your defence team can strategize a robust defence and may be able to mitigate the significant damages such allegations can cause.
The sexual assault defence lawyers of Mass Tsang have secured more than a thousand complete dismissals of charges for their Greater Toronto Area clients and negotiated thousands of other favourable settlements. With a stellar record of delivering optimal results for their GTA sexual assault defendants, contact Mass Tsang for a free consultation.
