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Culture War Roundup for the week of January 22, 2024

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Anatomy of a slow-moving scandal: Canada's 2018 WJ hockey team

The "World Juniors", the under-20 international hockey championship, is probably the third-biggest sporting event for Canadians after the NHL playoffs and the Olympics. Played immediately after Christmas each year, it gets massive TV ratings as people are home for the holidays. It helps that Canada wins more often than not, though its hold on being the undisputed champion of ice hockey becomes more precarious year-by-year. The brightest stars of junior hockey in Canada are often already household names before they go onto their professional careers, and people look back at certain years with specific fondness for their wealth of talent, in particular the 2005 team.

Well no one is going to look back at the 2018 team with much fondness: five of its members have been ordered to surrender to police to face charges for the gang rape of a woman after a celebratory gala in June 2018 to commemorate their victory. The move towards criminal prosecution has been somewhat glacial; an investigation was briefly opened in February 2019, but was closed and the story never reached the press. In 2022 the victim sued Hockey Canada; they settled with her out of court, and it was this settlement that sparked media attention as news of the incident had never reached the public. The settlement ignited a real public scrutiny on Hockey Canada, which was revealed to have a special unmarked fund for compensating victims of sexual assault by its players, and using government funds to do so. The criminal case into the affair was re-opened, and the problem of sexual assault within Hockey Canada and hockey culture in general became a national debate.

Hockey culture is kind of weird. I grew up somewhat alongside it; I was good enough to play rep hockey, but my parents were too busy for it so apart from a summer when I was 12 I never got too deep into it. But I knew the guys who played AAA or junior hockey and a few future NHLers, and I got enough taste of the locker-room culture to put me off it. It's really not too dissimilar, from my understanding, to the culture of similar macho, competitive sports like American football; a mix of jokes and pranks and lighthearted misogyny and homophobia (with an undercurrent of repressed homoeroticism). For the really competitive teams hazing was common and could get quite severe, bordering on sexual assault of new players. If you're a really good player (not necessarily a future NHLer, but maybe a pro in Europe or somewhere) you leave your family at 14 or 15 to go play junior hockey in the CHL. Education is very much a lesser priority, you probably don't go to university, and there's generally few people telling you you're anything but hot shit. If you make it to the Canadian WJ team you're practically a national celebrity if only for a brief period of time. I think all of these things add together in not necessarily the most wholesome of ways.

So that this kind of scandal would happen, or that it would be swept under the rug only to eventually reappear later, is not entirely shocking. "Hockey Canada sexual assault scandal a real shock to anyone who has never met a junior hockey player" says The Beaverton, the Canadian equivalent of The Onion, and yeah that pretty much sums it up.

Since the coming to light of the incident in 2022 there's been a flurry of speculation about who might have done it: my understanding was only two of the players (including superstar Cale Makar) had airtight alibis as far as internet sleuths could tell. Every time news came out about one of the 2018 WJC players there was speculation it was somehow linked: a player being traded, or not being re-signed by their team, or rumours about locker room problems, etc. My team (the Ottawa Senators) didn't re-sign a player, Alex Formenton, from the 2018 WJC who had had a good season the year before, and so speculation swirled that everyone behind the scenes knew what was up. There have apparently been a few hunches confirmed: in the past day and a bit five players have been announced by their teams to be taking "indefinite leaves of absence." All five were semi-regular NHLers (except for the aforementioned Formenton who was now playing in Italy). I wonder whether there will be pushback against the teams that employed them, presumably knowing this was coming for a while.

There's no statute of limitations in Canada (except for treason, bizarrely: 3 years!). Presumably the London Police feel they have a strong enough case here: besides the woman there were apparently three others who saw and did not take part. As of yet I've seen no sort of arguments that the alleged victim was lying or something, but there are some conflicting details and perhaps more that will emerge as prosecution moves further along. This is after all what the criminal justice system is for. So as of yet this case has sort-of ignited a culture war debate, without yet succumbing to culture war neuroses quite yet. The last big sexual assault case that got national attention in Canada was gigantic clusterfuck (Jian Ghomeshi, if you're interested) and pretty badly damaged the credibility of the media. We'll see where this goes.

This part jumped out:

That same month, The Globe published details of the video referred to in E.M.’s statement of claim. Two videos taken on the night of the incident were shown to reporters by lawyers representing some of the players. In the first, which was recorded within the hotel room at 3:25 a.m. on June 19, 2018, E.M. can be seen from the neck up. A male voice can be heard saying “You’re ok with this?” “I’m ok with this,” she replied. In the second, which is 12 seconds long, and which was taken at 4:26 a.m., E.M. appears to be covering herself with a towel. “Are you recording me?” she asks. “Ok, good. It was all consensual. You are so paranoid, holy. I enjoyed it, it was fine. It was all consensual. I am so sober, that’s why I can’t do this right now.”

She says that off camera they forced her to say that but eh.

She was exchanging texts with them the next day:

The Globe story also revealed a text message conversation between E.M. and one of the players in the hours after she left the hotel room. The player begins by asking E.M. whether she had gone to the police. The woman said she had spoken to her mother and her mother had called police against her wishes. “You said you were having fun,” the player wrote. “I was really drunk, didn’t feel good about it at all after. But I’m not trying to get anyone in trouble,” she replied. “I was ok with going home with you, it was everyone else afterwards that I wasn’t expecting. I just felt like I was being made fun of and taken advantage of.”

To me this tilts more towards the "I regretted it afterwards" side of the scale than the "was held down and forcibly raped" side. Maybe her mom pressured her into escalating things legally.

To me this sounds a lot like "the girl was too drunk to consent to four more guys having sex with her after she went up to the hotel room with the first player". While you can disagree with the law lumping together A, "I liberally lubricated the girl that seemed to like me with cocktails so she would put out that evening" and B, "I liberally lubricated the girl that seemed to like me with cocktails so my mates would pull a train on her that evening" with C, "I lied to the girl that didn't seem to like me that I would show her a kitten to lure her into my hotel room, where I and four of my mates threatened to cut her face off if she screamed as we held her down and pulled a train on her", and I will agree that it's all a spectrum, B still lies much closer to C on this spectrum than A does.

Did he pour the drinks down her gullet? Yes, alcohol impairs your judgement. And yet you are still responsible for the choices you make, wise or foolish they might be.

He didn't, but the social contract between two people getting drunk together and ending up in bed to regret it later doesn't traditionally include four other guys in the same bed.

If you get blackout drunk with a sexy lady that approached you in the bar and wake up with your kidney missing, do you say, "oh well, I am responsible for the choices I made, live and learn"? Or do you contact the police?

What person has ever consented to having their kidney removed, inebriated or otherwise?

EDIT: Yes I've read that one article by Scott. I should have said "what person has ever consented to having their kidney removed by a stranger with no medical training in a hotel bathroom, inebriated or otherwise?"

Touché. Perhaps I should clarify: what person has ever consented to having their kidney removed by a stranger with no medical training in a hotel bathroom, inebriated or otherwise.