On the second straight day of cross-examination, the lawyer representing Jake Virtanen in his sexual assault trial suggested that the complainant may have lied about having a yeast infection or said she was on her period when she really didn’t want to having sex with the former Vancouver Canuck.
“I thought it was enough to say no, I don’t want to do that and physically push him away,” she replied, her voice rising and filled with emotion. “What else was there to say?”
Virtanen, 25, faces one count of sexual assault related to an incident in his hotel room at the Westin Bayshore Hotel in September 2017. He has pleaded not guilty.
The name of the complainant, identified as MS, is protected by a publication ban.
In earlier testimony, MS said she rebuffed Virtanen’s physical advances and told him several times that she did not want to have sex. She testified that he used his body weight to pin her down on the bed before having non-consensual sex.
MS was 18 at the time of the alleged assault, Virtanen 21.
In another line of questioning, defense attorney Brock Martland questioned MS’s credibility and recollection, asking about her statement that she and Virtanen were watching Netflix in the hotel room the night of the incident.
“At the time, the hotel did not have a Netflix app or a way to watch Netflix,” he told the court.
The Vancouver Canucks have placed forward Jake Virtanen on leave after allegations surfaced against the 24-year-old forward. (Rich Lamm/Getty Images)
Martland also focused on MS’s description of being on the balcony when Virtanen first touched her from behind and began kissing her neck, pointing out that the room did not have a balcony, only a sliding glass door that opened to a guard rail .
“That’s what I think of as a balcony,” said MS.
MS previously described feeling like a prostitute when Virtanen reneged on his promise to drive her back to her boyfriend’s house, instead giving her money for a taxi.
“He gave you more than enough money,” said Martland.
“Yes,” said MS.
“And that made you feel like a sex worker,” Martland asked.
“Yeah, because he just threw the money at me. I felt humiliated. He just threw the money at me and left,” she said.
In questioning about the civil suit, which began in 2021, Martland asked MS about her financial situation and spending habits. MS testified that she was financially secure with investments and savings and did not spend much.
Martland then posted posts from her Twitter account where she talked about needing money and spending money, including one post saying “I burned through $15k.”
“It was for school fees, rent, living, food, everything together,” replied MS. “It was exaggerated for a joke.”
“It will be millions”
Martland asked MS directly if he was suing Virtanen for money. No, she replied, showing that she had no idea what a successful civil suit could potentially bring.
“It’s going to be millions,” Martland said.
“The amount of trauma and stress I’ve been through is not worth any money,” MS replied.
Vancouver Canucks forward Jake Virtanen sits in the penalty box in a game without fans due to the COVID-19 pandemic in February 2021. Virtanen is on trial for sexual assault. (Jonathan Hayward/The Canadian Press)
The alleged assault came to light in April 2021 when MS posted her account of the incident on the Survivors Stories Project Instagram account, without naming herself or Virtanen.
MS said the person behind the account referred her to Glacier Media reporter Alanna Kelly, who in turn encouraged MS to go to the police and speak with Penticton attorney Michael Patterson.
On May 1, 2021, Kelly and Glacier Media published an exclusive story naming Virtanen and citing MS, who was called “Emily” in the story. Virtanen was suspended by the Vancouver Canucks the same day.
According to the agreed statement of facts, Patterson gave Kelly a draft notice of the civil action, and the attorney and reporter reported what it should contain. Patterson also shared Virtanen’s response to the civil suit with Kelly, who posted stories about both.
Martland suggested that MS used Kelly to expand her story.
“I don’t care about the profile, it’s never been an issue. My main goal going forward was just to tell my story,” said MS.
The case continues on Thursday. It is not known if Virtanen will stand in the stands.
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