Johnson’s rape victim tells sentencing hearing she was stripped of dignity
Former Windsor Spitfire Ben Johnson is trying to get on with his life.
The girl he raped spends her days fighting shame, depression and alienation, wishing she could do the same.
It was a tearful day in court Monday during Johnson’s sentencing hearing, as the victim and her family took the stand to explain how the sexual assault has irreparably altered all their lives.
“I was stripped of my dignity and my choice on the night of my assault,” said the 20-year-old woman, whose identity is protected by a court order. “Consent was not an option. He deprived me of my choice to be a virgin.”
The victim, her sister, brother, mother and father all provided victim-impact statements.
Johnson, 22, will be sentenced Tuesday.
The former NHL hopeful was convicted last month of raping the girl on March 17, 2014, in the washroom of Mynt, a now defunct downtown nightclub. Johnson was 18. The girl, then 16, was drunk.
Superior Court Justice Kirk Munroe ruled the girl was unable to consent because she was “nearcomatose.”
A friend of the victim’s sister testified she saw Johnson walk out of a stall doing up his pants. In that stall, she found the victim, who was unable to stand on her own. The girl was hanging onto a wall, bleeding from between her legs.
Defence lawyer Patrick Ducharme asked the judge Monday to consider, at most, a “very short” jail sentence. He said there were “no threats or trickery involved,” this was Johnson’s first conviction and 115 people wrote character reference letters on his behalf.
Ducharme added that Johnson has already suffered. The New Jersey Devils revoked their contract with Johnson after the conviction. The victim has also launched a $3.95-million lawsuit against Mynt and Johnson.
“His conviction, needless to say, has already had thunderous consequences,” said Ducharme.
“He recognizes his dream to play in the NHL will never be fulfilled.”
Ducharme said Johnson, who is now married, is not a risk to reoffend. He said Johnson hopes to start a family and open his own business.
Assistant Crown attorney Scott Kerwin said the fact that Johnson’s NHL career is over shouldn’t have any bearing on jail time. He asked for a sentence of up to four years. In addition, he asked that Johnson be put on the sex offender registry for 20 years and be ordered to give a DNA sample. Kerwin also wants Johnson to be barred from contacting the victim while in jail.
“He took advantage of vulnerability and a state of relative unconsciousness,” said Kerwin.
He said Johnson was only concerned about “his own sexual gratification” and treated the victim as an “object to be used and abused.”
He said Johnson did not plead guilty and has shown no remorse.
While Johnson is hoping to move on with his life, Kerwin said the effects of the assault on the victim will last for years.
“This was intentional and indifferent to her will,” he said.
The victim spoke Monday of a “deterioration of happiness, wellbeing and overall quality of life.”
She said she has physical injuries that still have not healed. She sees a psychologist and takes large amounts of Prozac for anxiety and depression. She lost her best friend. She endured taunts on social media. She is haunted by “night terrors.”
“I cry far too often, and frequently for no apparent reason.”
The girl said she always feels selfconscious, always worrying that people are judging her.
“I feel alone and different,” she said. “I can’t shake that feeling of violation.”
More than anything, the young woman said Johnson stole a vital piece of who she was. The girl, who grew up in a religious family, wanted to stay a virgin until she found her “life partner.” She was proud of that choice. It defined her.
She said Johnson took that choice from her, and no amount of therapy or medication can give that back.
“Since the night of my assault I am left to put the pieces of my life back together,” she said.
“My faith has been shaken,” the girl added. “My family is in pain because I’m in pain.”
The victim’s sister said the assault also changed her life forever. The sister said she sank into drug and alcohol addiction as she desperately tried to block out what happened.
“The image of my baby sister left dirty, vomiting on the bathroom floor, will forever haunt me,” she said.
But after a downward spiral, the sister said Monday she is turning things around. She has been clean and sober for six months.
“Ben Johnson no longer gets to dictate my life,” she said.
Despite that, the emotional pain of watching her sister suffer never goes away. She said Johnson’s actions caused a “ripple effect.”
“The words ‘Ben Johnson raped me’ play like a soundtrack in my head,” she said.
“The torture will never end.”