A former Indigenous AFL player alleges he was raped by his coach during his junior career and is now suing AFL Victoria. The legal proceedings have taken a distressing turn, with the player’s legal team accusing the league’s lawyers of victim-blaming and stereotyping.
Daniel Hayes, who played for the Eastern Ranges Football Club in the statewide under-18s competition, has lodged a writ in the Victorian Supreme Court against AFL Victoria and his former coach, Mark Patrick Heaney. Mr Hayes alleges he was raped at a team party at Mr Heaney’s home in 2005. Mr Heaney, a former senior AFL employee, has vehemently denied these allegations.
Allegations of Victim-Blaming in Courtroom Tactics
Cameron Doig, Mr Hayes’s lawyer, has voiced significant concern over the line of questioning adopted by AFL Victoria’s legal representatives. According to Mr Doig, these questions have amounted to “victim-blaming” and have unfairly “stereotyped” Mr Hayes.
Specific examples cited by Mr Doig include inquiries into how much alcohol the then 17-year-old Daniel Hayes consumed on the night of the alleged incident and why he didn’t leave the barbecue. Mr Doig stated that such questioning is “at odds with the league’s proud statements about righting past wrongs towards Aboriginal ex-players and doing the right thing by child sexual abuse survivors.”
Mr Hayes himself has expressed that the legal process has led him to believe the league attributes his decades of mental ill-health not to the alleged abuse, but rather to his background as an Indigenous foster child.
A Career and Life Undermined
The civil suit seeks compensation for the alleged abuse and the profound, detrimental impact it has had on Mr Hayes’s career and subsequent life. His promising AFL career with the Melbourne Demons was short-lived, and this has been followed by years of mental ill-health and alleged lost opportunities.
At the time of the alleged incident in 2005, Mr Heaney served as an assistant coach and regional development manager for the Eastern Ranges team, which competed in the TAC Cup (now the Coates Talent League) under-18s competition.
While the civil suit has reached the mediation stage, Mr Hayes’s legal team has accused AFL Victoria’s lawyers of employing tactics that contradict the progressive image the league publicly promotes. Mr Doig highlighted public statements from the AFL expressing pride in its history of Indigenous players and apologies for past marginalisation and discrimination.
“Behind closed doors, Daniel Hayes is being told a very different story about the place of Aboriginal players in the game and what they should expect from the league,” Mr Doig told the ABC. He described the questioning as a “classic example of victim-blaming” and expressed disappointment at the stereotypes that have emerged in response to Mr Hayes’s claim.
The Accused Coach’s History
Mark Patrick Heaney, who later served as the AFL’s Northern New South Wales regional manager from 2009 to 2013, was dismissed by the league in 2014. This followed his conviction and imprisonment for grooming a 13-year-old junior footballer in 2013. Mr Heaney has not commented on the current allegations when approached by the ABC, having previously denied any wrongdoing in 2023. The ABC understands Mr Heaney is currently residing in Japan.
The Lingering Torment of Alleged Abuse
For Daniel Hayes, the alleged trauma of the incident in 2005 has cast a long shadow. Two decades later, he describes being consumed by the event, stating, “I just get up and I hate and I hate and I hate.” He likens his experience to being in jail, trapped in a cycle of anger and distress.
The daily reality for Mr Hayes often involves being unable to leave his home or answer phone calls, with his mind perpetually returning to that night at Mr Heaney’s residence. It was only three years ago that he chose to break his silence and initiate legal proceedings against both Mr Heaney and AFL Victoria. However, revealing his story has not brought the peace he sought.
A Search for Acknowledgement and Justice
Mr Hayes is seeking acknowledgement of his suffering and desires that his alleged abuser face both his civil case and criminal charges. Victoria Police have stated that despite an investigation initiated six years ago when Mr Hayes first made his statement, there has not been sufficient evidence to charge Mr Heaney.
Mr Hayes has expressed a loss of faith in the legal system but remains hopeful that others might come forward with information. “At the end of the day, no-one is listening to me; it’s been three years and he’s still not charged,” he said, feeling dismissed due to his background.
Victoria Police confirmed that a man was arrested and interviewed in relation to the alleged assault. A spokesperson stated that while an extensive investigation was conducted, insufficient evidence prevented charges from being laid. The police indicated they would continue to investigate if new information emerges.
A Lawyer’s Perspective on a Troubled Case
Mr Doig described Mr Hayes as one of the most deeply affected clients he has represented, noting that despite acting for over 100 abuse survivors, Mr Hayes’s level of injury and instability is particularly severe. He expressed that given Mr Hayes’s Aboriginal background and the severity of his symptoms, the AFL should have handled the matter with greater sensitivity.
Mr Doig also suggested that AFL Victoria might be attempting to evade responsibility by employing a technical legal defence, arguing that the company that operated the TAC Cup in 2005 no longer exists. The AFL has declined to comment on the matter as it is currently before the courts.
Echoes of Past Injustices
For Mr Hayes’s mother, Cheryl, AFL Victoria’s approach echoes the institutional responses to the mistreatment of Indigenous people, particularly referencing the Stolen Generations, of which she is a part. “They’re saying: ‘It wasn’t us.’ That’s what happened with the Stolen Generations,” she stated.
A Stark Contrast in Life Trajectories
The life Mr Hayes now leads in a rundown rental property in Bairnsdale stands in stark contrast to the promising future he once held. While a teammate from Eastern Ranges, Leigh Adams, went on to a successful AFL career and is now a respected coach, Mr Hayes faces unemployment, has attempted suicide multiple times, and has endured hospitalisation for mental illness. He has also faced ridicule within his community for speaking out.
He has relied on substances to cope with the pain, but is now confronting his trauma sober, finding the process exhausting and deeply painful.
The Gruelling Wait for Resolution
The mediation process in the Victorian Supreme Court is underway, with a directions hearing scheduled for the following month. Mr Hayes and his family recently undertook a four-hour journey to prepare with his legal team, a process that triggered severe panic attacks for Mr Hayes. He continues to feel that the AFL’s legal team is attributing his struggles to his Indigenous foster care background rather than the alleged sexual assault.
Legal Battles and Parallel Cases
While Mr Heaney has not faced criminal charges related to Mr Hayes’s accusations, he is being sued in the civil court alongside AFL Victoria. His prior conviction for grooming a 13-year-old in 2014 led to his imprisonment.
Interestingly, the individual Mr Heaney groomed, Liam Foster, has chosen to waive his anonymity. Mr Foster and his father are now also suing Mr Heaney and the Sydney Swans. Mr Foster has publicly acknowledged the courage of those who speak out, stating that seeing others share their experiences gave him the confidence to confront his own trauma and seek accountability.
