WARNING: This article references sexual assault and may affect those who have experienced sexual violence or know someone impacted by it.
The Windsor Spitfires, Ontario Hockey League (OHL) and Canadian Hockey League (CHL) have received a statement of claim outlining what they call “very serious allegations” of a sexual assault by four unnamed players more than 40 years ago.
The lawsuit, involving a plaintiff referred to as Jane Doe in the lawsuit, came to light last week and is seeking $3.75 million in damages.
CBC News has obtained the court filing claiming a sexual assault happened at an end-of-season team party in the spring of 1984 at a Tecumseh billet house while the family was away.
OHL communications director Josh Sweetland said both leagues have been served with the statement of claim. On Tuesday afternoon, the Spitfires released a statement echoing the CHL and OHL comments.
“These are very serious allegations, and we encourage the victim to reach out to police,” the statements said.
“It takes tremendous courage for victims of sexual assault to speak, and we would always support police efforts to seek justice and hold perpetrators to account.”
The statements also note that for “more than a decade,” OHL teams have been educated on their responsibility to demonstrate respect for women through the league’s ONSIDE Program.
The plaintiff is seeking damages for pain, suffering and lost income.
None of the allegations have been tested in court.
According to the lawsuit, the plaintiff drove her car to the house and did not willingly “consume much, if any” alcohol or drugs. However, it said, she had no memory of what happened that night.
The document claims that when she awoke, she was naked, unable to move and was being sexual assaulted by four men who “took turns” on her.
A fifth man, who was also in the room according to the court documents, stood in the corner crying. The plaintiff stated she had no knowledge of him sexually assaulting her prior to regaining consciousness.
According to the lawsuit, Jane Doe lived in Tecumseh in 1984. Her lawyer, Rob Talach, said she still resides in southwestern Ontario.
Talach told CBC News the woman, 59, contacted him after the 2018 Hockey Canada world junior sexual assault scandal in London came to light.
“There’s still people walking around that don’t get it that victims naturally take years, if not decades, to come forward,” said Talach.
“A lot of victims that are abused to this extent never, never talk about it or wait very late in their life to deal with it.”
While details and circumstances always change, Talach said, this lawsuit is a typical sexual abuse case for him.
“Most of them are historical because of the natural delay to come forward. Most of them don’t have documentation.”
According to Talach, it’ll end up being a credibility assessment for his client.
“What 59-year-old woman comes out of the woodwork and makes this type of detailed allegation with a multi-decade track record that shows she’s been abused by somebody because she has all the effects who she’s talked to people about this years and years ago? Who goes through that type of complex foundation for a fraud? Nobody.”
The lawsuit accuses the leagues of fostering a “toxic environment” and failing to protect the plaintiff, and alleges they ignored past reports of sexual misconduct.
Toronto lawyer Gillian Hnatiw has more than two decades of experience in similar civil litigations.
She said the civil route, over a criminal one, makes sense on three fronts.
“It’s a level playing field,” said Hnatiw.
“She’ll be able to make decisions about what happens with the lawsuit and still have access to the evidence as it’s gathered. When you go to the police and report a sexual assault, you have none of those things. The Crown is not your lawyer.”
The second major reason, said Hnatiw, is there is a different standard of proof.
“In criminal proceedings, you’re required to prove your allegations beyond a reasonable doubt … because we don’t send people to jail unless we are have quite a high degree of certainty that they did the things alleged. When you are bringing a lawsuit, you just have to prove your allegations on a balance of probabilities.”
The third reason is there’s no right to remain silent, she says.
“So often you hear of sexual assault claims that go to trial and the accused does not testify, and so you never hear their response — and that’s not an option in civil claims.”
For anyone who has been sexually assaulted, there is support available through crisis lines and local support services via this government of Canada website or the Ending Violence Association of Canada database. If you’re in immediate danger or fear for your safety or that of others around you, please call 911.
