ARCHIVED - Annex B: Data for Sexual Assault and Sexual Exploitation Charges Within the Canadian Forces at Courts Martial For Fiscal Years 1999 to 2013

Fiscal Year

Number of Sexual Assault/Exploitation Charges

Number of Guilty Verdicts on Sexual Assault/Exploitation Charges

Number of Guilty Verdicts on the Lesser But Included Offence

Number of Not Guilty Verdicts

Number of Cases Terminated

Number of Charges Stayed, Not Proceeded With or Withdrawn

1999-2000

1

0

0

1

0

0

2000-2001

4

3

0

1

0 0
2001-2002

6

6

0 0 0 0
2002-2003

7

3 1 2 0 1a
2003-2004

11

4b 2 5 0 0

2004-2005

12

4 0 5c 0 3d

2005-2006

7 0 0 4 0 3e

2006-2007

9 1 1 3 0 4f

2007-2008

7 2g 0 4 0 1h

2008-2009

7 1 0 6 0 0

2009-2010

13 0i 2 6 0 5

2010-2011

11 1 0 0 0 10j

2011-2012

9 6k 0 0 0 3l

2012-2013

8 4 1 2 1 0


Footnotes

a The charge was stayed as a result of a guilty finding of the alternative s.129 charge.

b Originally, there were 12 charges resulting in 5 guilty verdicts at Court Martial; one guilty verdict was appealed at the Court Martial Appeal Court (CMAC) and a new trial was ordered. The Director of Military Prosecution (DMP) exercised his prosecutorial discretion and did not prefer new charges.

c From the 12 charges there were initially 5 guilty verdicts at Court Martial; one guilty verdict was appealed. The CMAC allowed the appeal and substituted a finding of not guilty.

d From the 3 charges, 2 were stayed as a result of guilty findings of alternative s.95 charges.

e From the 3 charges, 2 were stayed as a result of guilty findings of alternative s.129 charges, and 1 charge was stayed as a result of a guilty finding of an alternative s.95 charge.

f All 4 charges were stayed as a result of guilty findings for alternative s.129 charges.

g Originally, there were 8 charges resulting in 3 guilty verdicts at Court Martial; one guilty verdict was appealed at the CMAC and a new trial was ordered. The accused was found not guilty at a re-trial held in October 2009, which is captured in the 2009-2010 data.

h The charge was stayed as a result of a guilty finding of the alternative s.95 charge.

i Originally, there were 14 charges resulting in 1 guilty verdict at Court Martial; the guilty verdict was appealed to the CMAC and a new trial was ordered. The accused was found not guilty at a re-trial held in April 2012, which is captured in the 2012-2013 data.

j From the 10 charges, 4 were stayed as a result of a guilty finding of the alternative s.93 charges and 1 was stayed as a result of a guilty finding of an alternative s.95 charge.

k Originally, there were 10 charges resulting in 7 guilty verdicts at Court Martial; one guilty verdict was appealed at the CMAC and a new trial was ordered. The DMP exercised his prosecutorial discretion and did not prefer new charges.

l From the 3 charges, 1 was stayed as a result of a guilty finding of an alternative s.129 charge.

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2018-12-13