After a three-month investigation, there will be no rape charges brought against Chicago Blackhawks star Patrick Kane. Erie County District Attorney Frank A. Sedita III announced on Thursday that the allegations were too rife with “reasonable doubt” to be brought to the Erie County Grand Jury.
The alleged victim recently signed a “Non-Prosecution Affidavit” that stated that she did not want to go forward with a criminal prosecution and did so “on [her] own free will and without any promises or compensation.”
“The woman has told authorities that the high-profile investigation has caused tremendous stress for her and her family, and that she no longer wishes to participate,” The Buffalo News reported.
Early in the morning of August 2, 26-year-old Kane allegedly “overpowered and raped” a 21-year-old woman at his home outside of Buffalo, New York. The woman reportedly met Kane at a bar and he invited her back to his home for a private party, and then called a relative immediately after the attack and went to the hospital for an examination and rape kit.
The accuser had been heavily scrutinized and subjected to intense victim blaming ever since the allegations became public.
Soon after the allegations became public, The Buffalo News interviewed Mark Croce, the owner of the bar where Kane and the accuser reportedly met, talking about a young woman “hanging all over” Kane and being “very forward, very flirtatious” with him. But as it turns out, the woman Croce was talking about was not the woman who accused Kane of rape, and the paper was blasted for its “irresponsible journalism.” One of many leaks throughout the investigation stated that while Kane’s DNA was not found in the rape kit, two unknown samples were.
In September, the investigation against Kane took a bizarre turn when the alleged victim’s lawyer Thomas Eoannou held a press conference saying that the alleged victim’s mother had found the rape kit evidence bag on her doorstep. While Eoannou said in the press conference that he had taken extensive measures to confirm that this was not a hoax, he withdrew from the case later that week over concerns that the story had been “misrepresented.”
PICS of torn evidence bag at Kane accuser presser. Unsure what it means? @cbschicago pic.twitter.com/xraumv22Vv
— Brad Edwards (@tvbrad) September 23, 2015
“There are significant material inconsistencies between the complainant’s accounts and those of other witnesses,” Sedita wrote in his announcement on Thursday. He also stated that the DNA results did not corroborate the complainant’s “claim of penetration,” and that the “physical evidence and forensic evidence, when viewed in tandem, tend to contradict the complainant’s claim that she was raped on Kane’s bed.”
He also revealed Kane opted not to talk to the D.A.’s office during this investigation, as is his constitutional right, and that while the complainant’s reluctance to go forward was an “important factor” in determining whether or not charges would be brought, it was “not, however, decisive.”
The outcome of the Kane case, whatever the truth, isn’t unusual. According to the Rape, Abuse & Incest National Network (RAINN), only 2 percent of rapists ever serve a day in jail. A lot of that has to do with the fact that 68 percent of sexual assaults go unreported, but even of the 32 percent that are reported to the police, only 7 percent lead to an arrest and 3 percent are referred to prosecutors.
Kane, whose didn’t miss any games or practices throughout the investigation, has maintained his innocence. His agent told reporters on Thursday, “We knew all along that Patrick didn’t do anything wrong.”
Reactions from hockey fans have been mixed — he was cheered by Chicago Blackhawks fan when he reported to training camp, but also subjected to “she said no” chants when his team faced the Philadelphia Flyers last month.
Michael McCann, a legal expert with Sports Illustrated, said in an interview with the site that there are still legal options available for both Kane and the woman — the alleged victim could file a civil suit against Kane, where instead of proving “beyond a reasonable doubt” that Kane raped her, she would only need to “convince a jury that it is more probable than not that he violated a civil law.” Kane could also sue her for defamation. At this time, there is no indication that there will be further legal action on either side.
The NHL could still suspend Kane if the league deems his off-ice conduct was detrimental to the league, but as The Buffalo News reported, such a move is unlikely since “[t]he league had approved of how the Blackhawks handled the case throughout a series of twisting plotlines.”