WARNING: Some readers may find details in this story disturbing. Discretion is advised.
The woman who has accused former Vancouver Canuck Jake Virtanen of sexual assault faced more pointed questions from Virtanen’s defence lawyer about the night in question as her cross-examination at trial continued Wednesday.
The woman, who cannot be named because of a publication ban, became emotional when defence lawyer Brock Martland asked her why she didn’t “invent an excuse,” such as having a yeast infection or menstruation, to avoid a sexual interaction with Virtanen at the Westin Bayshore Hotel in Vancouver back in September 2017.
Earlier, she was asked about the layout of the hotel room where they spent the night.
A key sticking point for the defence in cross-examination is the complainant’s recall of what she referred to as a balcony in the suite. She had testified Virtanen came up behind her and kissed her neck while she was looking over the balcony.
Martland then showed photos of the suite to the jury, claiming there was no conventional balcony, just a sliding glass door with a railing. The complainant said she considered that a balcony.
Martland took aim at the complainant’s previous testimony that she and Virtanen watched Netflix before the alleged sexual assault. He argued the Westin Bayshore did not have Netflix capability on its television that night.
He also asked about her correspondence with the operators of an Instagram account called Survivor Stories Project, where her allegations were first made public, without naming Virtanen explicitly.
He also questioned her about her boyfriend of five years and why she didn’t disclose in earlier testimony that he was also a hockey player in college. On the first day of trial, she’d said the two had not yet started dating at the time of her encounter with Virtanen; they were friends.
Martland asked the complainant if she hates Virtanen. She said yes. He asked if she is angry at him and she said she thinks she’s dealt with that anger now.
On Tuesday, the complaint was asked about the first meeting with the former Canuck at the Calgary Stampede and the pair’s communication after they first met.
She told the court they communicated over Snapchat, Instagram and text messages. Some of those texts no longer exist, she added, as she got a new phone in 2020.
Martland then asked if the conversations leading up to the alleged sex assault were flirtatious. She said she is not sure but that the communication stopped after the alleged assault.
The jury was also shown cellphone video of Virtanen intoxicated at the Stampede, as well as the complainant holding a bowl that Virtanen was vomiting into.
Virtanen’s defence then insinuated that she was interested in him because she knew he was a high-earning NHL player.
Virtanen is charged with one count of sexual assault and has pleaded not guilty.
If you or someone you know 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.