AFL Victoria Accused of "Victim-Blaming" in Daniel Hayes Mediation

Lawyers representing AFL Victoria have been accused of "victim-blaming" an Indigenous former AFL footballer, Daniel Hayes, during a civil mediation hearing. Mr. Hayes is suing AFL Victoria and his former coach, Mark Patrick Heaney, over allegations he was raped by Mr. Heaney in 2005 while playing for the Eastern Ranges Football Club. Mr. Heaney has denied the allegations.

AFL Victoria's lawyers questioned Mr. Hayes about his alcohol consumption on the night of the alleged incident and why he did not leave a barbecue at Mr. Heaney's home.

Allegations and Legal Proceedings

Mr. Hayes's legal team, led by Cameron Doig, stated that AFL Victoria's lawyers questioned Mr. Hayes about his alcohol consumption on the night of the alleged incident and why he did not leave a barbecue at Mr. Heaney's home. Mr. Doig characterized these questions as "victim-blaming" and "stereotyping" Mr. Hayes, claims he asserts are inconsistent with the league's public statements regarding Aboriginal ex-players and child sexual abuse survivors.

Mr. Hayes alleges the incident occurred after a team party at Mr. Heaney's residence. He is seeking compensation from AFL Victoria, as Mr. Heaney's former employer, for the alleged abuse and its reported impact on his career with the Melbourne Demons and subsequent decades of mental ill-health.

Mr. Heaney served as an assistant coach and regional development manager for the Eastern Ranges team between 2004 and 2008.

Mark Heaney's Prior Conviction

Mark Heaney was convicted in 2014 and subsequently jailed for grooming a 13-year-old junior footballer in 2013, a separate incident. He lost his employment with the AFL following this conviction. Mr. Heaney declined to comment on the current allegations when contacted by the ABC, having denied wrongdoing in 2023.

Impact on Daniel Hayes and Police Investigation

Mr. Hayes states that the alleged abuse has caused him profound and lasting torment, leading to significant mental health challenges, including multiple suicide attempts and hospitalizations. He believes that the league attributes his mental health struggles to his background as an Indigenous foster child rather than the alleged sexual assault.

Victoria Police initiated an investigation into Mr. Hayes's report, interviewing a 52-year-old man in October 2023. However, police determined there was insufficient evidence to proceed with criminal charges. Mr. Hayes expressed a loss of faith in the legal system regarding criminal charges.

AFL Victoria's Stance and Related Cases

AFL Victoria has declined to comment on the ongoing legal matter. Mr. Doig suggests that the league is employing a technical legal strategy, arguing that the company operating the TAC Cup in 2005 no longer exists, to avoid responsibility. Mr. Hayes's mother, Cheryl Hayes, drew a comparison between this strategy and institutional responses to the Stolen Generations.

The civil suit is currently in the mediation stage, with a directions hearing scheduled for the upcoming month in the Victorian Supreme Court.

In a related development, Liam Foster, the individual groomed by Mr. Heaney in 2013, has waived his anonymity and is also suing Mr. Heaney and the Sydney Swans. Mr. Foster stated that Mr. Hayes's decision to speak out encouraged him to confront his own experiences.