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Former Vancouver Canuck defenceman Willie Mitchell says in court documents that the woman suing him for alleged sexual assault in Tofino, B.C., was a willing partner in their intercourse.
Mitchell’s version of events is outlined in a response to a civil lawsuit launched in B.C. Supreme Court in October by a plaintiff identified only as S.D.K.
S.D.K.’s lawsuit alleges that after a night of drinking and partying at the Tofino Resort and Marina, which is co-owned by Mitchell, he brought her back to his condo and, without consent, had unprotected sex with her.
In his response, Mitchell says the plaintiff, at the time a 26-year-old off-duty server employed at the resort, “was an active participant in the intercourse.”
Mitchell claims that on the night of Sept. 11, 2022, he became intoxicated while attending an event at the Hatch Pub, part of the Tofino Resort and Marina. Besides being a co-owner, Mitchell was the resort’s managing director at the time.
He claims S.D.K. approached him and the two began dancing and kissing on the dance floor, and later continued kissing in the bathroom.
Mitchell says a designated driver drove him and S.D.K. back to his condo and accompanied them into the residence. He says he and S.D.K. had sex that night and again the following morning.
Mitchell claims S.D.K. gave “… verbal and physical confirmation of her enjoyment prior to and throughout the Sept. 12, 2022 intercourse.”
“… Mitchell took reasonable measures to confirm the plaintiff’s informed consent to engage in sexual intercourse and had no reason to doubt her capacity to provide such consent at the material times,” reads his response.
It goes on to state that after S.D.K. made a report to the RCMP, a criminal investigation that Mitchell fully cooperated with did not result in charges.
Mitchell, 48, grew up in Port McNeill on Vancouver Island and played four of his 15 NHL seasons with the Vancouver Canucks. He won Stanley Cups with the L.A. Kings in 2012 and 2014, and retired from the NHL in 2016.
The Tofino Resort and Marina and an associated numbered company are also named defendants in S.D.K.’s lawsuit, which is seeking damages for injuries suffered, including loss of past and future earning capacity.
Her lawsuit says she intends to call evidence from other female complainants, who will allege Mitchell’s past behaviour included “psychologically or physically coercing or harassing intoxicated young women to engage in sexual activity,” and “sexually harassing and/or assaulting female staff employed by the Tofino Resort.”
Mitchell’s response notes that he has “dutifully attended counseling since the events of Sept. 11, 2022, and focuses his time and energy on his family.”
It goes on to describe him as a “committed philanthropist” involved in charitable pursuits across B.C.
