Northlands, midway company blaming alleged assault victim: advocates

EDMONTON An Edmonton city councillor says it’s “just not acceptable” for any organization to blame a child allegedly victimized by sexual assault.

Coun. Bev Esslinger, co-leader of the city ’s violence and sexual assault prevention city council initiative, said she is concerned about the city ’s relationship with Northlands after it said in a civil suit a 13-year-old girl’s “negligence” is to blame for an alleged sexual assault on the organization’s property.

“It still blows my mind. As far as I’m concerned, adults protect children,” Esslinger said Wednesday.

The woman, now in her 20s, is suing Northlands, North American Midway Entertainment, and the estate of a dead man who she claims sexually assaulted her in July 2008 during K-Days, which was then called the Capital Ex. None of the allegations have been proven in court.

The alleged assailant died in 2016, court documents say.

The woman is suing for $100,000 in damages for physical and psychological trauma, income losses and treatment costs.

Statements of defence filed by Northlands and North American Midway deny the attack took place, or that the woman was injured. If she was, the organizations aren’t liable, their statements say.

Northlands’ statement says any injuries or losses stem from “negligence of the plaintiff.”

The North American Midway defence also points to the girl’s alleged negligence. North American Midway declined to comment on Wednesday.

Everyone has a right to defend themselves in court, said Mary Jane James, executive director of the Sexual Assault Centre of Edmonton. The defence doesn’t have to lay responsibility on a 13-yearold, who cannot legally consent to sex with an adult, according to Canada’s Criminal Code. The defence could potentially re-traumatize her, she said.

“Saying these things isn’t necessary,” James said.