Woman's cross-examination so far in hockey sex assault trial in London, Ont., and what's expected next
WARNING: This article references sexual assault and contains graphic details, and may affect those who have experienced sexual violence or know someone impacted by it.
After five days under cross-examination, the complainant in the sexual assault trial for five former world junior hockey players will continue to be grilled by their defence lawyers today in London, Ont.
Before court adjourned Friday, one of the men's lawyers showed the woman text messages she says she didn't remember sending to a friend the night she went to a London hotel with one of the players and the following morning in June 2018.
The trial began the last week of April. The complainant's known in court as E.M. as her identity is under a publication ban that's standard in sexual assault cases. She's been testifying from another room via closed-circuit television (CCTV) shown on a big screen in the main courtroom.
Michael McLeod, Dillon Dubé, Carter Hart, Cal Foote and Alex Formenton were on the 2018 gold medal-winning Canadian world juniors team and are former NHL players. They've all pleaded not guilty to one count each of sexual assault. McLeod has also pleaded not guilty to being party to the offence — he's accused of inviting his teammates to his hotel room to have sex with E.M. without her permission.
The issue of consent key to the caseOver the course of the proceedings, court has heard E.M. went back to the Delta Armouries hotel with McLeod early into June 19, 2018, after a night at Jack's bar. Their first time having sex was consensual; the criminal charges are in connection with the alleged sexual activity that happened afterward — including with the other accused.
The men were in London for a gala to celebrate the world juniors championship they won months earlier. After the event, they went to the bar — E.M. also happened to be there with work colleagues.
The Crown has said consent is at the heart of the case, arguing the men, on many occasions, did not get specific go-ahead from E.M. for sexual activity despite videos taken that evening that appear to show her giving consent. E.M. has testified the men asked her to masturbate while they watched, received oral sex, spat on her, smacked her butt and had vaginal sex with her.
She has also testified she was an unwilling participant who drank too much that evening, and agreed with a defence lawyer that she adopted a porn-star persona to get through what was happening with the men as her mind floated above her body.
Each accused man has a separate legal team, with their respective lawyers taking turns cross-examining the woman.
She's consistently been grilled by lawyers on her actions captured on surveillance cameras inside Jack's bar before she went to the hotel with McLeod.
Tense exchanges between E.M., defenceDan Brown, representing Formenton, was the third lawyer to cross-examine E.M.
On Friday, he had a video played in court showing E.M.'s movements at Jack's bar. Brown called into question her recollection of how much she drank, who bought her drinks, where and how she met the men that night, who she spoke to and how she danced.
Many of her memories are noted in 2018 police interviews and a 2022 internal Hockey Canada investigation after the media reported on the settlement of her civil lawsuit.
The news brought attention to the fact a Hockey Canada fund was used to settle various sexual assault lawsuits, leading to parliamentary hearings and a reopening of the original London police investigation, after which charges were laid against the five men now on trial.
During cross-examination last week, at various times E.M. verbally sparred with the defence, who expressed frustration with her long answers or departure from what she was asked. One day late last week, court adjourned a bit early after E.M. broke down in tears.
"Your truth changes from 2018, to 2022 to 2025," Brown told her at one point.
"No, my truth hasn't changed," E.M. pushed back, saying some of her details or memories may vary slightly, but the gist of her story has remained the same.
Brown is expected to continue his cross-examination Monday.
After he finishes, lawyers for Dillon Dubé and Cal Foote will question her. Then, the Crown will have a chance to ask her more questions to clarify answers she gave under cross-examination.
If you're in immediate danger or fear for your safety or that of others around you, please call 911. For support in your area, you can look for crisis lines and local services via the Ending Violence Association of Canada database.
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