‘I hope this has taught you a lesson’
Assault victim addresses aggressor in a statement she never got to read in court
It was October 2015. She was 16 years old. Attending a local hockey team’s “rookie party” was supposed to be a night out with her friends.
“I thought I was safe,” the now 18year-old victim of a Kingston assault wrote in an impact statement. But, she said, she was never allowed to read it in court.
Last week, after nearly two years, the story of 22-year-old Chance Macdonald — a hockey player and Queen’s student charged with sexual assault, but later reduced to a common assault plea — was reported by media.
But to his victim, who spoke to the Star and whose identity is protected under a publication ban, the case is something she lives with every day.
The setting was a “rookie party” in October 2015, for a Gananoque junior hockey team, which took place in the Queen’s student district, the victim confirmed. She attended the party with friends.
At the house later that night, in a dark room with multiple people present, she says Macdonald made unwanted physical advances toward her and she became trapped under the weight of his body. She can’t be sure exactly what happened in the dark, but she remembers that hands, some belonging to Macdonald, were shoved up her shirt and down her pants. Only when a friend entered the room and turned on the lights did the encounter stop.
At the urging of a friend, she reported the incident to the police. A month later, Macdonald was charged with two counts of sexual assault and one count of forcible confinement. Those charges were later reduced to one count of common assault, which Macdonald pleaded guilty to in April.
After the guilty plea, Justice Allan Letourneau postponed the business student’s sentencing for four months. In that time, Macdonald completed a prestigious internship at Deloitte.
Letourneau’s oral decision on Aug. 25 began with reference to his own past as an athlete.
“I played extremely high-end hockey and I know the mob mentality that can exist in that atmosphere,” Letourneau said. “I’m sure you disappointed not only a lot of people including your parents, but yourself. Not everyone has the talents that you have, and you have them.”
Letourneau then pointed out how lucky Macdonald was to plead guilty to common assault, instead of a sexual offence.
“That would have been extremely unfortunate given how accomplished you were at the time, and your potential,” he said. “If there was a trial and you were convicted of a sexual offence, I have no doubt that would have dramatically changed the course of your life.”
Taking the stand to testify could have been traumatic for Macdonald’s alleged victim, Letourneau continued, saying that such an experience often resulted in anxiety and breakdowns.
“I am not here to say that all of that may factor into the statistics that (crown attorney Gerard) Laarhuis talked about, 1,000 incidents and how many are reported, and how many are pursued, and how many are actually found guilty,” he said.
“You spared her all of that, that is significant.”
The victim, though, said she didn’t really understand what was happening when the charges were reduced.
“All I knew was I was 16 at the time and terrified to go to court,” she wrote in a Facebook message to the Star. The Crown and the defence came to the agreement together, she confirmed, but “it wasn’t really discussed with me, or if it was it wasn’t spoken to me in a language a 16-yearold girl would understand.”
“I had no idea until I was in the courtroom in April that he wasn’t getting (sentenced for) sexual assault and only assault.”
As for her victim statement, she alleged that Letourneau didn’t agree with her use of the phrase “hockey culture,” and therefore wouldn’t allow her to read her original draft in the courtroom.
She wasn’t aware of the sentencing on Aug. 25 until the day before, she says, by which time she was out of town.
She provided a copy of her final victim impact statement to the Star, which includes harrowing details about pressure from some of Mac- donald’s fellow hockey players to drop the charges and leave the case alone.
“At first that is exactly what I wanted to do, but it is hard to forget about something that is constantly in the back of your mind,” she wrote. Though the party was for “rookies,” she noted that Macdonald wasn’t one of them.
“He was a role model and he was setting an example for others,” she wrote. “I worry that what has happened to me will happen to other young girls.”
Since that night, she wrote that she’s missed countless days of work and classes due to anxiety and depression. All details of the victim’s statement have been published with her express consent.
“To Mr. McDonald,” the last paragraph begins, “I hope this has taught you a lesson that will carry throughout your life.”
Letourneau confirmed via a judicial secretary that he doesn’t discuss cases with members of the public and would not be commenting. Meanwhile, an online petition to re- move Letourneau from the bench had reached 11,485 signatures by Tuesday morning.
Macdonald’s lawyer, Connie Baran-Gerez, also didn’t return the Star’s multiple phone calls.
Queen’s administration issued a statement expressing sympathy for the “emotions that people are expressing about this case,” but also noted that due to privacy, they wouldn’t be speaking about it publicly.
In a statement, Kingston Police sexual assault unit Sgt. Barbara Hough wrote that “for students hesitant to report a sexual assault, Kingston Police want you to know that we have several sexual assault investigators that are dedicated to providing a safe, respectful and supportive environment.”
Deloitte Canada issued a statement after the sentencing, saying that they were unaware of the situation before it was reported by media last week and that Macdonald was no longer employed with their company.
Macdonald will serve his 88-day sentence on weekends.
He will be on probation for two years, including conditions to attend and participate in assessment, counselling, and rehabilitative programs as directed by his probation officer.
Meanwhile, the victim said, not a day goes by when she isn’t affected by what happened that night in early October.
“I often have flashbacks and relive memories of what happened, wishing I could change my mind about going out that night with my friends,” she wrote.
“Maybe if I did then none of this would have happened.”
“I played extremely high-end hockey and I know the mob mentality that can exist in that atmosphere.” JUSTICE ALLAN LETOURNEAU