A former Indigenous AFL player alleges he was raped by his coach and is now suing AFL Victoria, with his legal team claiming the organisation’s lawyers are employing “victim-blaming” tactics. 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. Heaney, a former senior AFL employee, has vehemently denied the allegations.
Allegations and Legal Proceedings
The lawsuit centres on claims that Mr Hayes was raped at a team party hosted at Mr Heaney’s residence in 2005. Mr Hayes, who was 17 at the time, is seeking compensation from AFL Victoria, citing the alleged abuse and its devastating impact on his AFL career with the Melbourne Demons. His legal team argues that the incident led to a rapid decline in his career prospects and contributed to years of mental ill-health and lost opportunities.
During the legal process, Mr Hayes’s lawyers, represented by Cameron Doig, have expressed dismay at the line of questioning adopted by AFL Victoria’s legal representatives. Mr Doig stated that these questions, which included inquiries about Mr Hayes’s alcohol consumption on the night of the alleged incident and why he didn’t leave the barbecue, amounted to “victim-blaming” and perpetuated harmful stereotypes.
“They have asked how much Daniel, a 17-year-old, drank on the night and why he didn’t leave the barbecue,” Mr Doig told the ABC. He contrasted this approach with the AFL’s public pronouncements about addressing historical injustices towards Aboriginal ex-players and supporting survivors of child sexual abuse.
Mr Hayes himself has conveyed that the legal proceedings have given him the impression that AFL Victoria attributes his long-standing mental health struggles not to the alleged abuse, but to his background as an Indigenous child in the foster care system.
AFL’s Public Stance vs. Legal Strategy
Mr Doig highlighted a significant discrepancy between the AFL’s public image and its actions in court. “What they’ve said publicly is that they’re privileged to have had hundreds of Aboriginal players throughout the history of the game,” he commented. “They’ve said they’ve apologised for the marginalisation, hurt and discrimination that’s happened to Aboriginal players.”
However, Mr Doig described the AFL’s questioning as a classic example of “victim-blaming.” “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, whether they’re included in it as full participants,” he explained. “It’s been really disappointing to see some of the stereotypes that have come out in response to his claim.”
AFL Victoria has declined to comment on the matter, stating it is before the courts.
The Coach’s History and Criminal Investigation
Mark Patrick Heaney served as an assistant coach and regional development manager for the Eastern Ranges team between 2004 and 2008. He later held the position of AFL’s Northern New South Wales regional manager from 2009 to 2013. Heaney was dismissed by the AFL in 2014 after being convicted and jailed for grooming a 13-year-old junior footballer in 2013. He has strenuously denied all allegations made by Mr Hayes. When contacted by the ABC in 2023, Mr Heaney declined to comment.
Victoria Police confirmed that they arrested and interviewed a man in relation to the alleged assault. A spokesperson stated, “Victoria Police takes any reports of sexual offences extremely seriously.” The investigation involved detectives travelling to Queensland in October 2023 to interview a 52-year-old man. Despite an extensive investigation, there was insufficient evidence to proceed with charges. Police indicated they would continue to investigate if new information came to light. Mr Hayes has expressed his frustration with the lack of criminal charges, stating, “At the end of the day, no-one is listening to me; it’s been three years and he’s still not charged. They don’t listen to me, they brush me to the side because I’m a dumb black man in their eyes.”
The Lingering Trauma
Mr Hayes described the enduring torment of the alleged incident, which has plagued his thoughts for two decades. He expressed intense anger and a feeling of being imprisoned by the memories. “I just get up and I hate and I hate and I hate,” he said. “I haven’t been to jail once, but it feels like I’m in jail. It’s the same thing over and over, I’ve just got so much anger.” He struggles with daily life, often unable to leave his house or answer phone calls, with his mind perpetually returning to the events of 2005 at Mr Heaney’s home.
It was only three years ago that Mr Hayes, once a highly promising young footballer, decided to publicly share his story and initiate legal action. However, he has not found the peace he sought.
A Stark Contrast in Life Trajectories
Mr Hayes’s aspirations as a footballer have been irrevocably altered. He is currently living in a rundown house in the regional town of Bairnsdale. His trajectory stands in stark contrast to that of his former Eastern Ranges teammate, Leigh Adams. Adams, who was also drafted in the 2006 AFL rookie draft, went on to play 104 games for North Melbourne and is now a respected assistant coach with Carlton.
In contrast, Mr Hayes is unemployed, has made multiple suicide attempts, and has been hospitalised due to mental illness. He also reports facing ridicule within his community for speaking out. He has used drugs, alcohol, and cigarettes to cope with the pain, but is now confronting his trauma sober. “Every time it got to me, I tried to hide it, I’d hit it with drugs,” he admitted. “But now I’m dealing with it sober and it hurts. It’s exhausting and it hurts.”
Historical Parallels and Legal Hurdles
Mr Hayes’s mother, Cheryl, sees parallels between AFL Victoria’s current legal strategy and historical institutional responses to the mistreatment of Indigenous people. “They’re saying: ‘It wasn’t us,'” Ms Hayes stated. “That’s what happened with the Stolen Generations, which I was a part of.”
Mr Doig also suggested that AFL Victoria might be attempting to evade responsibility by exploiting a technical legal loophole, as the company that operated the TAC Cup in 2005 no longer exists.
A Gruelling Wait for Justice
The mediation process in the Victorian Supreme Court has commenced, with a directions hearing scheduled for the following month. Mr Hayes and his family recently undertook a four-hour journey from East Gippsland to meet with his legal team, during which he experienced panic attacks.
Mr Hayes maintains that he believes AFL Victoria’s legal team is attributing his current struggles to his background as an Indigenous foster child rather than the alleged sexual assault. He shared that while his foster parents provided him with love and support, and he was not exposed to drugs before that period, the pain of the alleged abuse remains profound.
While Mr Heaney has not faced criminal charges related to Mr Hayes’s accusations, he is a defendant in the civil lawsuit. His prior conviction for grooming a 13-year-old in 2014, which led to a jail sentence, stemmed from an investigation initiated by a tip-off from the victim’s father. The now-adult victim, Liam Foster, along with his father, is also suing Mr Heaney and the Sydney Swans. Mr Foster has publicly waived his anonymity, stating, “Seeing someone else speak up about what happened made me realise that what I experienced wasn’t something I had to carry alone. It gave me the confidence to confront what happened and pursue accountability. Speaking out isn’t easy, and Daniel deserves a lot of credit for the courage he showed.”
