After Nov. 3, Patrick Kane’s sexual assault investigation will likely soon reach its conclusion: Kane’s accuser submitted official notice that she no longer wanted to cooperate with the investigation.
The Patrick Kane case shows how much power fans wield in the way athlete investigations are handled
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Reporting rape and cooperating with the prosecution is one way to battle rape and rape culture. But by declining to cooperate with the prosecution, Kane’s accuser is making a tough choice that is best for her. It does not imply innocence or guilt on Kane’s part -- it is a reflection on how our society tends to deal with these accusations.
In the “affidavit declining prosecution” sent to the Erie County District Attorney’s office, the accuser cited stress to herself and her family as reasons for ceasing to cooperate. The case awaits the prosecuting attorney, who will speak to the DA before further decisions regarding the case are made. This makes it unlikely the case will move forward.
There is ample reason to believe that this prosecution, specifically, wouldn’t end in an actual conviction. This would not be unusual, considering that only 2 percent of rapes result in a felony conviction. The public had already heard through media reports that the case had "too many questions" to allow prosecutors to proceed with rape charges. If this news became public, it is unlikely that Kane’s accuser heard anything more encouraging in private.
In any sexual assault allegation, coming forward involves answering invasive questions and submitting to even more invasive physical exams. Part of the trauma of rape involves the victim’s state of mind at the time of the crime. Reporting a sexual assault and cooperating with the prosecution means not only having to constantly revisit this trauma, but also having to continually withstand the endless line of people who will claim that you are lying, that you are a gold digger looking for settlement cash, and worse.
In this particular case, continuing to cooperate with the prosecution would have meant facing even more challenges -- challenges that likely would make anyone reconsider continuing. Kane is a celebrity and a sports idol, and it is a reasonable argument that Kane’s status as an athlete could influence the judgement in this case if it were to go to trial.
For example, a study on college athletes in Florida found that athletes were far more likely than non-athletes to avoid criminal charges. Information informally compiled by @NearIdleLark reveals that the number of hockey players who have been accused of sexual assault or domestic violence against women is staggering, but the number of convictions is low and, in fact, nearly nonexistent at the NHL level. Notably, this list includes a previous investigation of Kane.
A professional athlete’s status can be daunting to an accuser already facing a formidable legal process. Kane’s celebrity potentially grants him a relationship with the Buffalo police. Furthermore, the fact that he is a famous professional athlete gives him a legion of supporters that an accuser will never have, and those supporters may verbally attack and harass her in support of Kane, thereby making it seem as if the whole world is against her, all part of a culture that could encourage a victim to stay silent.
The accuser’s decision to remain silent is the best possible decision she could have made for herself and her family. It is also a call to action to help change a culture that makes speaking out subject to outside pressure that impacts the legal process. We can still support the accuser. We can challenge people who attempt to victim blame. We can petition the league to take violence against women seriously. We can help break down the idea that professional athletes are infallible among our fellow fans -- because they aren’t.
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