WARNING: Some readers may find details in this story disturbing. Discretion is advised.
The sexual assault trial for former Vancouver Canuck forward Jake Virtanen is now underway in B.C. Supreme Court.
The complainant took the stand on the first day, Monday, telling the jury she and Virtanen first met at the Calgary Stampede in July 2017, three months before the alleged incident took place at the Westin Bayshore in Vancouver.
She told the court that at the time of the assault, Virtanen had non-consensual vaginal intercourse with her, despite her consistently verbalizing non-consent.
During day two of the trial, the complainant was asked about her interactions with Virtanen at the Calgary Stampede where the pair first met.
She testified that she believed Virtanen lived in Abbotsford at the time and did not know Virtanen had access to a hotel room in Vancouver on the night of Sept. 26, 2017. She says she was surprised when the pair parked outside the Westin Bayshore Hotel where the alleged assault took place.
When she was asked by Crown why she didn’t report the alleged sexual assault to police earlier and why she spent the night in the hotel room with Virtanen after the alleged assault.
She said it took her time to come to terms with what allegedly happened as reporting it would make it all real.
She added she did give an interview with the Vancouver Canucks, using an alias, as part of the team’s internal investigation into Virtanen’s conduct.
Crown then wrapped up testimony and Virtanen’s defence lawyer began his cross-examination by casting doubt on the accuser’s memory, pointing out she’s said “I think” in her testimony.
One example the defence points to is the accuser’s recall of the vehicle Virtanen was driving when he picked her up on the night of Sept. 26, 2017. On Monday, the accuser said she believed it to be a grey Dodge Charger. She said she couldn’t recall for sure, though.
The defence then went on to ask about the pair’s communication after they first met in Calgary. The accuser says they communicated over Snapchat, Instagram, and text. Some of those texts no longer exist, the accuser said as she got a new phone in 2020.
She said she did not delete any text messages.
The defence lawyer asked the accuser if the conversations leading up to the alleged sex assault were flirtatious. She said she is not sure but said the communication stopped after the alleged sex assault.
The jury was also shown cellphone video of Virtanen intoxicated at the Calgary Stampede. Also in the footage is the complainant, holding a bowl which Virtanen was vomiting into.
Virtanen’s defence then insinuated the accuser knew he was a high-earning NHL player and that’s why she was interested in him.
Virtanen has been charged with one count of sexual assault in connection with that incident and has pleaded not guilty.
The trial centres around the question of consent.
Ravi Hira, a partner at the law firm of Hira Rowan, LLP, who is not involved in the case, said when there is a complaint about sexual assault and the issue of consent is key, the prosecution will be looking for evidence that the complainant did not consent. The defence will be looking for any corroboration between the two parties involved.
“Corroboration is very very necessary in my view in order to make sure you don’t have wrongful convictions,” Hira said.
“In cases where the issue is consent, or no consent, or a mistake as to consent, they are difficult to prove beyond a reasonable doubt and again, that is why corroboration is so important – injuries, text messages, a conversation with somebody else. That, if I were prosecuting, would be very helpful.”
If you or someone you know is has been a victim of sexual assault, or is involved in an abusive situation, please visit the Canadian Resource Centre for Victims of Crime for help. They are also reachable toll-free at 1-877-232-2610.
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