A Nova Scotia judge says a young woman who alleges she was sexually assaulted by several members of a British navy hockey team in 2015 can use a pseudonym as she proceeds with a civil case against the British government.
Justice Darlene Jamieson, in a written decision released Thursday by the Nova Scotia Supreme Court, said the confidentiality order will “only minimally impair” the open court principle.
“There is very little public benefit to naming the plaintiff,” Jamieson wrote.
“The plaintiff is not seeking to close the court. She is seeking a measure by which the intimate details of her allegations of sexual assault will not be associated with her name forever in the internet world.”
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The woman’s lawyer argued his client would suffer serious harm if her identity were published.
In an affidavit, Michael Dull said his client “has genuine concerns that continuing to prosecute this action under her own name would bring unwanted attention that would follow her throughout her personal and professional life.”
As well, Dull argued that the release of the woman’s identity may have chilling effects on the willingness of sexual assault victims to file civil actions.
The woman alleges that on or about April 9, 2015 she was sexually assaulted by several hockey players, who were taking part in a tournament at 12 Wing Shearwater – a military base on the east side of Halifax harbour.
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Four British sailors were eventually charged with sex offences, but the cases against two of them were dropped before trial.
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In January, British sailor Darren Smalley was acquitted of sexual assault causing bodily harm and participating in a sexual assault involving one or more people.
During the criminal trial, the woman’s identity was protected from publication, as is mandatory in sexual assault cases.
Earlier this month, the Crown decided not to proceed with a sexual assault trial against the fourth sailor, saying there wasn’t a realistic prospect for a conviction.
Jamieson noted the original trial received high-profile media coverage across Canada and the United Kingdom.
“Intimate details of the alleged assaults (were) reported. It is logical to infer that the plaintiff’s fear of future harm to her professional/employment life and personal life that could result from intense media attention is very real,” Jamieson said.
The British government opposed the motion, saying the plaintiff’s evidence fell far short of meeting the test required to displace the presumption of open court proceedings.
The government also argued that the mandatory publication ban in criminal proceedings can’t be automatically applied to the civil proceedings, a position the Jamieson agreed with.
“Confidentiality is not an automatic protection given to plaintiffs in civil cases involving allegations of sexual assault,” Jamieson said.
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