Crown delivers significant blow to 5 accused players in 2018 World Junior assault case that could tip the scales

Justice Maria Carroccia, the judge in the sexual assault trial of five former members of Canada’s 2018 world junior hockey team, announced earlier this week that she will announce her verdicts in the case at 10 a.m. ET on July 24.

Earlier this week then it was time for closing arguments in which prosecution described Michael McLeod as the “architect” of the “group sexual activity” at the center of the Hockey Canada sexual assault trial and said he told “outright lies” to portray the complainant as the aggressor in the sexual interactions of the night and advance a “false narrative.”

In their closing arguments, the lawyers for the defendants, Daniel Brown, lawyer for former Ottawa Senators forward Alex Formenton, accused complainant E.M. of perjury during his closing statement.

However, Crown attorney Meaghan Cunningham attacked the defense’s tactics in her closing statement and pointed out exactly why sexual assault victims don’t come forward, citing “accusatory” questions and “laughing” and “scoffing” as ways in which they have conveyed their disbelief.

“This kind of argument really illustrates why some people feel that victims aren’t treated fairly in the criminal justice system, because she can’t win,” Cunningham said, via The Athletic.

“If she’s too emotional, she’s combative. If she’s not emotional enough, she’s rehearsed. If she refuses to agree with suggestions, she’s combative and difficult. But if she does agree, then she doesn’t know her own mind. If she uses the same language at multiple points, then it’s contrived, but if she uses different language, she’s inconsistent.”

Calling it the “myth of the ideal victim”, Cunningham provided a brilliant closing statement on the victim and how the supposed motive of financial gain does not make any sense in this case. She remind everyone how E.M. didn’t want her name given to police or to anyone at that time, and she didn’t want to report anything to police or want McLeod to get in trouble.

“She could have taken that money and run,” Cunningham said. “She did not need to come to this court, participate in this trial and subject herself to nine days of testimony in order to keep that money. There is no connection between the money and her participation in this trial. There is quite simply no evidence of financial motive.”

Cunningham then remind the Judge about ongoing texts in the group chat to make sure the players all had the same version of events and that in the end, what the Judge needs “ to consider as part of its case — that E.M. did not voluntarily consent to the specific sexual acts that have been charged. Cunningham stressed that Canadian law does not allow for broad, unspecific consent and that it has to be renewed consistently and tied to a certain specific act, not to sexual activity writ large.

“Consent has to be ongoing and consciously given throughout the sexual activity in question. Consent is not a one-and-done box check at the beginning or end of an encounter,” Cunningham said, adding that consent “cannot be given in advance. It has to be contemporaneous” with the specific act.”

Carter Hart, Cal Foote, Dillon Dubé, Alex Formenton and Michael McLeod have been charged, claims that E.M., the complainant, willingly participated in sexual acts on the night of the alleged assaults in June 2018.

All five players pleaded not guilty at the commencement of the trial on April 22.

Among players called to the stand, but not accused of any wrongdoing, were Tyler Steenbergen, Boris Katchouk, Brett Howden, and Taylor Raddysh. None of the players appeared in person, with all being interviewed via video conferencing, in which Howden revealed how he heard the victim “weeping.”

“Sexual assault is a gendered crime. The vast majority of victims are female. The vast majority of perpetrators are male,” Cunningham said. “We as a society are starting to have a better understanding of just how prevalent and pervasive all forms of violence against women are and how patriarchal structures contribute to and perpetuate that violence. This is not a new phenomenon. It is not controversial or novel to accept that for most women existing in society means experiencing the fear that you may become the victim of some form of violence of a man.”