Stratford, London, Ontario — July 30, 2024 — In a landmark decision, Rogert Hilderly was found liable by Superior Court Justice Carroccia in a civil trial for raping his former student, Kelly Lynn Wicke, a Stratford resident. This decision brings long-awaited closure to Ms. Wicke and her family after years of suffering and gaslighting from her abuser. Phillip Millar and Adam Birch, lawyers experienced in sexual assault litigation, held Mr. Hilderly accountable after he evaded conviction in criminal court due to historical investigative failures when the rape was initially reported in 2002.
“Justice Carroccia’s decision validates the truth Kelly has bravely stood by for over two decades,” said Phillip Millar. “This ruling is not only a victory for Kelly but also a beacon of hope for other survivors of sexual assault who have been failed by the criminal justice system.”
Kelly Lynn Wicke reported the sexual assault to the Stratford Police Service on May 4, 2002, after stumbling out of her former teacher’s residence, drugged and disoriented. Despite undergoing a rape kit examination at the hospital finding benzodiazepines (sedatives) in her system, no charges were laid following the initial police investigation. Years later, the case was reopened, but the passage of time made a conviction in criminal court difficult, and Mr. Hilderly was acquitted of criminal charges in the Ontario Court of Justice. Refusing to give up, Phillip Millar pursued justice in the Ontario Superior Court, seeking a remedy under civil law. Adam Birch, a seasoned sexual assault lawyer, acted as co-counsel during the civil trial in December 2023 in Stratford, Ontario.
“This decision is a breath of fresh air for Kelly,” said Adam Birch. Even after so many years of crushing disappointment with our justice system, this decision demonstrates that justice can be achieved in civil courts when criminal cases fall short and inspires other survivors to continue fighting for their truth.”
The two-week judge-alone trial featured Kelly Wicke’s powerful testimony, recounting the horrific events with unwavering strength. Under cross-examination, she remained steadfast, while Mr. Hilderly’s version of events crumbled under Phillip Millar’s relentless questioning. The trial concluded with Adam Birch’s poignant closing argument, which moved the courtroom to tears and fervently called for justice for Kelly. In Justice Carrocia’s Reasons for Judgment she concluded, “I do not accept the evidence of the defendant. His version of the events is not believable. There were significant inconsistencies in his testimony at trial, during examination for discovery and at his criminal trial which caused the court to question the credibility and reliability of his evidence”.
“I pushed on because I wanted him to know he didn’t get away with it, he didn’t break me, and he will be held accountable so that other women can come forward and know there is hope,” said Kelly Wicke crying with joy when she received the news this week.
About Millars Lawyers
Millars Lawyers is a leading litigation law firm whose motto is “There for you When You Can’t Afford to Lose!” We specialize in taking on challenging cases and are dedicated to bringing justice to individuals across Canada. For more information, please visit our website at www.millarslaw.com
The decision can be downloaded here Wicke v. Hilderley
For comments, please email phillip@millarslaw.com
