Patrick Kane will not face charges following rape investigation
The Erie County district attorney's office announced on Thursday Chicago Blackhawks forward Patrick Kane will not face charges following a three-month rape investigation.
By
Adam Gretz
•
3 min read
Erie County district attorney Frank Sedita announced on Thursday morning that Chicago Blackhawks forward Patrick Kane will not face criminal charges following a three-month sexual assault investigation.
"The totality of the credible evidence -- the proof -- does not sufficiently substantiate the complainant’s allegation that she was raped by Patrick Kane and this so-called "case" is rife with reasonable doubt," Sedita wrote in a press release on Thursday morning. "Accordingly, the Office of the Erie County District Attorney will not present this matter to an Erie County Grand Jury."
The release from the District Attorney included the following findings:
There are significant material inconsistencies between the complainant’s accounts and those of other witnesses.
The DNA results lend no corroboration whatsoever to the complainant’s claim of penetration, a required element of proof for a rape charge.
The physical evidence and the forensic evidence, when viewed in tandem, tend to contradict the complainant’s claim that she was raped on Kane’s bed.
Although Kane has exercised his constitutional right to remain silent (which prohibits questioning by law enforcement), he has made no known incriminating statements to any civilian, nor has he engaged in any conduct consistent with a consciousness of guilt.
Reports first started to surface this past week that charges were unlikely against Kane and that his accuser was no longer cooperating in the investigation, something that the DA's office confirmed on Thursday.
Again, from the DA's release:
Additionally, the complainant, after consultation with her attorney, has decided that she does not wish to go forward with a criminal prosecution. She has recently signed what is commonly referred to as a “Non-Prosecution Affidavit” that states, in relevant part: “That after fully discussing all the circumstances with my attorney, I have decided I do not wish to criminally prosecute the charges which stem out of this investigation. I do so of my own free will and without any promises or compensation.”
The statement also said that even though a complainant’s willingness or reluctance to continue with a case is an important factor in determining whether or not to criminally prosecute a case, it is not decisive and that their decision to not prosecute was based on evidence.
Kane was first reported to be the subject of the investigation back in August when a 21-year-old woman filed a rape complaint against Kane after the two met at a downtown Buffalo nightclub and returned to his home.
Kane remained with the Blackhawks throughout the entire investigation.
Update: Following the announcement from the Erie County DA on Thursday, both the NHL and Chicago Blackhawks released statements.
First, from NHL deputy commissioner Bill Daly:
"In light of the statement issued today by the Erie County District Attorney's Office, as an internal League matter, we intend to promptly review the information that may now be available to us. We will have no further comment until we have completed that review."
And from the Blackhawks:
"We respect the announcement today by the Erie County (N.Y.) District Attorney regarding Patrick Kane. The Chicago Blackhawks organization has taken this matter very seriously, and has tried to navigate a very sensitive situation while continually respecting the legal proceedings. At this time we will have no further comment."
The Blackhawks' statement also included a comment from Kane, who said, "I have repeatedly said that I did nothing wrong. I have respected the legal process and I am glad that this matter has now been closed and I will have nothing further to say going forward."
