From the first report, to the verdict and beyond… the justice system is stacked against survivors at every turn.

Here are just some examples:

Survivors pay a very high price for coming forward.

Survivors don’t report for attention; they report to reclaim agency, protect others and pursue justice. But the personal cost can be devastating. It is estimated that sexual assault victims pay an average of $137,000 in tangible and intangible costs as a result of the assault.

They often have to hire their own lawyers to advocate for their rights in court — just like the accused does. Services from sexual assault centres are limited, so survivors often have to pay out of pocket for therapy, medication and transportation to legal or medical appointments.

Court appearances lead to lost wages, missed career opportunities and mounting stress. Some survivors lose their jobs entirely or find themselves unable to work. Others spiral into addiction, strained relationships, or housing instability.

The system demands everything from survivors—and gives almost nothing in return.

False reports are rare. Harmful comments are not.

Multiple studies show that false reports of sexual assault are no higher than that of any other crime - only 2 to 8% of are proven false accusations. Yet survivors are almost never given the benefit of the doubt - whether by the justice system, or the public. The default assumption is disbelief, and the consequences of that are devastating.

The real epidemic is not false reporting - it’s not being believed.

“Innocent until proven guilty” is used against survivors.

It’s a legal principle meant to protect the accused — and it should be. But in the court of public opinion, it’s often twisted into “she must be lying.” It’s a distortion that causes real-world harm. Even when a case makes it all the way to trial in Canada, only about 48% end in a guilty verdict.

That’s not because half the claims are false. It’s because the legal standard for conviction is extremely high, and the system often struggles to handle the complexity of trauma, memory, and power dynamics in sexual assault cases, which are uniquely intimate.

So when someone is found not guilty, it doesn't necessarily mean no harm was done, the survivor lied, or the accused is innocent. In many cases, it’s a reflection of a justice system that is not equipped to hear and assess the truth in a way that delivers justice.

The presumption of innocence should protect rights, not erase harm.

Survivors are the ones put on trial - not just the accused.

While the accused is protected by the presumption of innocence, survivors must constantly defend their credibility. Cross-examinations often turn into all-out character assassinations. Survivors are grilled on their clothing, sexual history and behaviour — even when they’re legally off-limits.

While rape shield laws exist on paper, many defence lawyers put great effort into finding ways around them. This is not justice; this is punishment for saying something.

For many survivors, testifying is more traumatic than the assault itself. The system demands precision and perfection from survivors, yet grants the benefit of the doubt to those accused. We need to ask ourselves why we are putting survivors through this kind of ordeal. We then need to realize that this is why so many survivors choose not to speak up.

Survivors are being worn down by the system - and that’s a problem.

Outdated rape myths and harmful stereotypes continue to be a key part of sexual assault trials.

Many still believe that “real” victims fight back, leave as soon as they can, report immediately, and remember every detail clearly. Survivors are often disbelieved if they delayed reporting, had a prior relationship with the accused, acted calmly or showed any inconsistency in their memory — all of which are common, trauma-informed responses that continue to be misjudged as signs of deceit. Yet these harmful myths continue to be put on the public record at trial, and perpetuated by the media.

The courtroom is supposed to test facts: myths should have no place

The impossible standard of the “perfect victim”.

Courtrooms expect survivors to be consistent, composed and crystal clear. Any deviation is treated as a lie. We remind the public that trauma is messy, memory is flawed, and survivors are human.

Survivors shouldn’t have to be perfect to be credible - or believed.

Legal standards like “beyond a reasonable doubt” can become insurmountable hurdles for survivors.

Sexual assault is a uniquely intimate crime where there is often no witnesses or physical evidence. Survivors are expected to scale a legal wall using only their trauma, their word and their pain. And when a not-guilty verdict is delivered, the public too often assumes the survivor lied.

The burden of proof if high. Survivors shouldn’t be crushed beneath it.

The system protects power, not truth.

When the accused is wealthy, powerful or high-profile, survivors face an even steeper climb. The accused can afford to be backed by top legal teams, media handlers and institutional support, but survivors are left navigating the system alone and without legal standing in a courtroom supposedly seeking truth.

When power is protected, justice is impossible.

The verdict is not the whole story.

A courtroom verdict is only a legal conclusion, not a moral one. Whether the outcome is guilty, not guilty, or mixed, the verdict rarely ever captures the entire truth. Only 48% of sexual assault trials in Canada result in a guilty verdict - not because half of the cases are false, but because the legal system is structured in a way that often fails survivors.

A 'not guilty' verdict does not mean the accused is innocent, the survivor lied, or that no harm occurred. In many cases, it's a reflection of a justice system that lacks the tools, understanding and will to engage with the case in a way that acknowledges the realities of sexual violence and the impact of trauma.

A not guilty verdict is often a reflection of the system’s limitations - not the survivor’s credibility.

The system discourages reporting by design.

There’s a reason why most sexual assaults in Canada are never reported. After weighing the costs - financial, emotional and social, many survivors realize the system wasn’t built for them. For those who do report, the process is long, retraumatizing, and stacked against them. That’s why many never come forward. And when they don’t, the silence is often used as proof that nothing’s wrong.

The system isn’t broken. It’s working exactly as designed - to keep survivors silent.

If our trauma is on trial, we need trauma-informed courts.