By Katie Strang, Dan Robson and Chris Johnston
A lawsuit has been filed in opposition to 4 unnamed Windsor Spitfires gamers in reference to an alleged group sexual assault that befell in 1984 in Tecumseh, Ontario, in keeping with the assertion of declare filed with the Windsor Superior Courtroom of Justice on Tuesday. The lawsuit additionally names the Spitfires, the Ontario Hockey League and the Canadian Hockey League as defendants.
The plaintiff within the case, who can be unidentified and known as “Jane Doe,” mentioned in her declare that she misplaced consciousness throughout an end-of-season social gathering within the spring of 1984 and awoke “unable to maneuver” and along with her clothes eliminated and one of many gamers “on high of her, penetrating her vagina along with his penis.” The lady mentioned the opposite three gamers “then took turns participating in vaginal penetration of the plaintiff.”
In response to the declare, which alleges “sexual abuse, assault and battery,” an extra participant from the Spitfires “was current all through the assault however didn’t sexually assault the plaintiff whereas she was aware.” The plaintiff mentioned she didn’t know whether or not that participant assaulted her earlier than she regained consciousness, however her “solely recollection was of the participant standing within the nook of the room in an emotional state and crying all through the rest of the assaults.”
All 5 gamers, the 4 co-defendants and the extra participant who was current through the alleged assault, are recognized within the lawsuit as John Does.
The lady’s legal professional, London, Ontario-based Rob Talach, mentioned the alleged incident represents a “unending haunting” for his shopper, who’s now 59 years previous.
“The truth that greater than 4 a long time later she’s taking fairly in depth motion on this, exhibits that it’s bothered her up till at the present time and can proceed to,” Talach mentioned. “I imply, these are irreparable harms.”
The assertion of declare particulars the plaintiff’s concern of “imminent bodily hurt of a sexual nature by the gamers,” which induced her to really feel “terror and concern.” “The John Doe defendants had full management over the plaintiff and had remoted her from others,” the declare states, including that the defendants’ actions had been with out the lady’s consent and that “no consent could be potential owing to her degree of intoxication.” The declare states she additionally put the gamers “on discover” that the actions had been “undesirable.”
Within the declare, the plaintiff mentioned the gamers inflicted “ache and struggling, psychological struggling, humiliation and degradation” through the alleged assault, “interfered along with her well-being solely for the aim of their very own sexual gratification” and had a joint plan and/or frequent intention to interact in sexual exercise with the plaintiff with out regard to her consent or well-being, together with “administering the plaintiff medicine or different substances with out her information or consent and with the intention of rendering her unconscious.”
The declare alleges that the Spitfires, OHL and CHL had been negligent and failed the plaintiff by ignoring or failing “to moderately tackle institutionalized and systemic abuse,” perpetuating “a poisonous setting that condones violent and sexualized conduct, together with sexual assault,” failing “to have any, or a correct, system of reporting of sexual abuse” and ignoring “stories of sexual assault and harassment.”
The organizations “condoned a tradition and setting that glorified the degradation and sexual exploitation of younger ladies,” the declare states.
The declare additionally alleges the organizations “didn’t report the John Doe defendants to the police after receiving complaints of sexual misconduct,” although it doesn’t present any additional element about these complaints.
The Spitfires’ present GM, Invoice Bowler, mentioned he was unaware of the court docket submitting when contacted. Josh Sweetland, director of communications for the OHL, on behalf of the OHL and CHL, mentioned: “The League has not been formally served with a Assertion of Declare, due to this fact we’re not ready to touch upon the matter at the moment.”
The plaintiff within the case mentioned she has suffered psychological anguish,” suicidal ideas and ideation,” melancholy and “indicators of post-traumatic stress dysfunction.”
A jury discover was additionally filed with the court docket on March 25.
The allegation comes inside weeks of the beginning of the high-profile sexual assault trial of 5 members of the 2018 Canadian world juniors nationwide workforce.
These expenses adopted an alleged incident inside a room on the Delta London Armouries Lodge in London, Ont., in June 2018, after a Hockey Canada gala at which the workforce had been celebrated for its gold medal win on the World Junior Championship.
Carter Hart, Michael McLeod, Dillon Dube, Alex Formenton and Cal Foote collectively agreed to have a trial by a jury. That trial will start on April 22 in London.
Hockey Canada settled a lawsuit in 2022 with the younger girl who mentioned she was sexually assaulted by the gamers, who had been initially recognized as John Does within the lawsuits. Talach was the lady’s civil legal professional within the proceedings.
Information of the settled lawsuit in Might 2022 led to a reckoning inside Hockey Canada, which faced parliamentary hearings into the group’s dealing with of the incident and led to scrutiny over how funds had been used to settle previous allegations. Canadian Prime Minister Justin Trudeau condemned the federation, and distinguished sponsors withdrew their help.
London Police reopened an investigation into the allegations in July 2022. Additionally that summer time, Halifax police opened an investigation into an alleged sexual assault involving members of the 2003 Canadian world junior workforce.
In January 2024, London Police laid charges against the five members of the 2018 World Junior workforce and later issued an apology to the alleged sufferer.
Talach, who has dealt with intercourse abuse circumstances for over 20 years, mentioned the 2018 Hockey Canada case “completely” influenced his shopper to come back ahead along with her declare from 1984.
“The Hockey Canada case of 2018 was actually the primary time that we’ve type of elevated that story to a nationwide degree and I believe it inspired a number of individuals to confront their very own previous,” he mentioned.
Talach mentioned that the 2018 Hockey Canada case isn’t a “one-off”: “There’s a tradition drawback in hockey that appears to come up from the junior hockey years. So we’re simply going to proceed to take care of these as individuals really feel the braveness to reveal.”
(Picture: Bruce Bennett / Getty Pictures)
