Sex-filled weekend ‘consensual’
Son of Tim Hortons founder launches defence against rape claims
Steven Joyce, son of Tim Hortons co-founder Ron Joyce, has launched his legal defence against a Toronto woman accusing him of raping her onboard his father’s luxury yacht by describing their sex-filled weekend in Florida but saying it was “entirely consensual.”
Joyce further claims Elizabeth Kelly’s lawsuit was “part of a campaign intended to damage Steven’s reputation and to pressure him to settle this action with a significant payment.”
Much of what both parties claim in court and in interviews with the National Post match — apart from the crucial issue of consent over a particular sex act that occurred in the midst of an on-again, off-again relationship.
Joyce, 48, said he and Kelly, 50, had a “casual sexual relationship” over a period of four years.
“Steven and Elizabeth’s sexual relationship included a wide variety of consensual sexual acts, including anal intercourse. On many occasions that consensual sexual activity was vigorous. From time to time, Steven and Elizabeth also engaged in consensual sexual activity involving other female partners,” his statement of defence says.
To celebrate her 50th birthday, Kelly and a girlfriend travelled to Fort Lauderdale, Fla., on Oct. 24, 2014. Joyce collected them at the airport and took them to his father’s 49-metre yacht, Destination Fox Harb’r Too.
Joyce’s statement says they had sex before a short cruise, after the cruise, and later that evening on the beach. They also had sex the following day after the alleged rape, he says.
Kelly claims, in a lawsuit filed in February, that she suffered a serious wrist injury when Joyce tried to drag her girlfriend into bed with them. While still aching, she went naked into the yacht’s hot tub with him and, as she got out, Joyce “without warning, suddenly and inexplicably forced the plaintiff face down on a chaise lounge and subjected the plaintiff to a vicious sexual battery,” her lawsuit claims.
In his description of the incident, after the couple got out of the hot tub, “they engaged in a number of consensual sexual acts on the top deck of the yacht,” his statement says.
He says the day after the incident in which Kelly says she was raped the couple and others dined together to celebrate Kelly’s birthday. After dinner, they went to a hotel room and had consensual sex.
The following day, Kelly and others returned to the yacht and, after socializing, Joyce and Kelly again had sex in the ship’s stateroom. Afterward, he left for the airport to fly home. She sent him a text, he claims, saying: “miss you love you xo.”
“Steven denies the allegations of physical and sexual battery. He did not intentionally or negligently harm Elizabeth, whether physically, sexually or otherwise.”
He accuses Kelly of suing him for an “improper purpose” and causing him profound embarrassment and humiliation by speaking to the media about her claims.
Kelly denied her suit was a money grab. She said she has photos and videos of alleged injuries from the incident.
Wednesday, after reading Joyce’s statement of defence, Kelly said: “Shame on him ... no means no ... I told him no.”