WARNING: This article refers to sexual aggression and can affect those who have experienced sexual violence or know someone affected by him.
The Windsor Spitfires Hockey League, the Ontario Hockey (OHL) and the Canadian Hockey League (CHL) have received a claim statement that describes what they call “very serious accusations” of a sexual assault of four unidentified players more than 40 years ago.
The lawsuit, which involved a plaintiff referred to as Jane Doe in the lawsuit, came to light last week and looks for $ 3.75 million in damages.
CBC News has obtained the presentation of the court alleging that a sexual assault occurred at a season of the end of the season in the spring of 1984 in a Toccho de Tecumseh house while the family was out.
OHL’s director of communications, Josh Sweetland, said both leagues have received the claim statement. On Tuesday afternoon, the Spitfires issued a statement echoing the comments of Chl and Ohl.
“These are very serious accusations, and we encourage the victim to communicate with the police,” the statements said.
“A great courage is needed so that victims of sexual assault speak, and we would always support the efforts of the police to seek justice and make the perpetrators accounts.”
The statements also point out that for “more than a decade”, OHL teams have been educated about their responsibility to demonstrate respect for women through the League program.
The lawyer says that many victims of abuse “never talk about that ‘
The plaintiff seeks damage to pain, suffering and loss of income.
None of the accusations has been tested in court.
According to the lawsuit, the plaintiff led his car to the house and not “voluntarily” consumed a lot, if it is “alcohol or drugs.” However, he said, he had no memory of what happened that night.
The document states that when he woke up, he was naked, unable to move and was being assaulted by four men who “turned” about her.
A fifth man, who was also in the room according to the court documents, was in the corner crying. The plaintiff declared that he had no knowledge of him by assaulting her sexually before recovering consciousness.
According to the lawsuit, Jane Doe lived in Tecumseh in 1984. His lawyer, Rob Talach, said he still resides in southwest Ontario.
Talach told CBC News that the 59 -year -old woman contacted him after the 2018 Canada Junior Hockey Sexual Aggression Scandal in London came to light.
“There are still people who walk that they do not understand, that the victims naturally take years, if not decades, they present themselves,” Talach said.
“Many victims who are abused at this point never talk about it or wait too late in their life to deal with that.”
While details and circumstances always change, Talach said, this demand is a typical case of sexual abuse for him.
“Most of them are historical due to the natural delay to present themselves. Most of them have no documentation.”
According to Talach, it will end up being a credibility evaluation for your client.
“What the 59 -year -old woman leaves the carpentry and does this type of detailed accusation with a multi -decades history that shows that someone has been abused of someone because she has all the effects with whom she has spoken with people about these years and years ago? Who goes through that type of complex base by a fraud? Nobody.”
The lawsuit accuses the leagues of promoting a “toxic environment” and not protecting the plaintiff, and alleges that they ignored the previous reports of inappropriate sexual behavior.
Why civil and non -criminal?
Toronto’s lawyer, Gillian Hnatiw, has more than two decades of experience in similar civil litigation.
She said the civil route, on a criminal, makes sense on three fronts.
“It’s a level playing field,” said Hnatiw.
“You can make decisions about what happens with demand and still have access to evidence as it meets. When you go to the police and inform sexual assault, you have none of those things. The crown is not your lawyer.”
Windsor tomorrow5:05Woman files a demand of $ 3.75 million against Spitfires, OHL, CHL for alleged sexual assault of 1984
The second main reason, said Hnatiw, is that there is a different test standard.
“In criminal procedures, you must prove your accusations beyond a reasonable doubt … because we do not send people to jail unless we have a high degree of certainty that made things alleged. When you are bringing a lawsuit, you just have to prove your accusations about a balance of probabilities.”
The third reason is that there is no right to remain silent, she says.
“Very often you listen to the statements of sexual assault that go to the trial and the defendant does not testify, so you never listen to his response, and that is not an option in civil statements.”
For anyone who has been sexually assaulted, there is support available through local support lines and services through this. Canada government website or the Finish the database of the Canada Violence Association. If you are in immediate danger or fear for your safety or that of others around you, call 911.
