Lawyers accuse alleged victim in 2018 World Juniors case of lying under oath

Lawyers for the defendants in the 2018 World Junior Championships sexual assault trial are making closing statements in a London, Ont court today.

Daniel Brown, lawyer for former Ottawa Senators forward Alex Formenton, accused complainant E.M. of perjury during his closing statement.

“She didn’t just get things wrong, she lied under oath… It should give Your Honour concerns that she has done this elsewhere.”

Brown believed E.M.'s own testimony that she was "moderately intoxicated" on the evening of June 18, 2018 but not so intoxicated that she couldn't consent to the sexual events that took place.

“Consent to sexual activity with a near stranger is still consent. Consent provided while impaired but not incapacitated is still consent... Consent provided by one woman to more than one man at a time is still consent.”

“She repeatedly asked for someone in the room to have sex with her and Mr. Formenton agreed to do so,” Brown said. “They did this because she said she wanted to have sexual intercourse, and he did this because he wanted to. They both agreed.”

Brown characterized the encounter as straightforward. “It’s not complicated,” he said. “They were two young people who both wanted to have sex.”

Brown highlighted some inconsistencies in E.M.'s testimony and asserted that "you can't rely on what she says under oath."

Brown maintains that E.M. lied about what happened to police and has since carried those lies with her into court. She was embarrassed of her behavior and hoped to salvage a relationship with her then-boyfriend, Brown asserts.

“She created a lie, and the lie was that she didn’t make the choice willingly to leave the bar and go to the hotel with Mr. McLeod,” Brown said. “If the choice wasn’t hers, if it was someone else’s fault, if she was sexually assaulted, she could be absolved of her conduct.”

“Her quest for justice is just starting,” Brown said. “She wants money. She wants a lot of money. She wants $3.5 million.”