All five athletes found not guilty in Hockey Canada sexual assault case


All five athletes found not guilty in Hockey Canada sexual assault case

Judge Justice Maria Carroccia has independently ruled that all five male ice hockey players are not guilty of sexual assault in Hockey Canada’s notorious case. Carroccia had to expel the jury involved in the case due to a complaint about the defence attorneys’ behaviour, so this verdict was made independently.

Canadian ice hockey players Michael McLeod, Dillon Dube, Carter Hart, Cal Foote and Alex Formenton were all charged with sexual assault in 2024 for allegedly abusing a then-20-year-old woman referred to as EM in a hotel room in 2018. The assault allegedly occurred in London, Ontario, during a Hockey Canada gala and celebration of their World Junior Championship.

McLeod carried an additional charge of “being a party to the offence of sexual assault.” EM told the court that she had consented to have sex with McLeod in the hotel room, but that it was his idea to invite the other teammates to the room and that she did not consent to what unravelled afterwards.

The prosecution argued that EM was drunk and scared and that the accused hockey players took advantage of this, meaning she did not voluntarily provide consent. Additionally, according to ESPN, she was threatened with golf clubs, and before she was finally able to leave, she was reportedly coerced into making videos in which she stated everything that happened was consensual.

Conversely, after cross-examining the woman for many days, the defence attorneys argued that she actively participated in the sexual acts and even initiated them as she desired a “wild night,” and all five players pleaded innocent.

Now, the eight-week trial has concluded with Carroccia ruling that the men are not guilty of sexual assault. Carroccia reviewed the evidence for many hours in court before announcing her verdict. She stated that EM’s evidence was not “credible or reliable,” and that “the Crown cannot meet its onus on any of the counts.”

Furthermore, Carroccia stated that EM’s evidence was undermined by irregularities surrounding who had purchased drinks on the night, and that she presented an “uncertain memory.”

Both the police and Hockey Canada previously opened investigations into the scandal, but Carroccia also highlighted that there were discrepancies between what EM told police investigators and what she told Hockey Canada investigators.

Carroccia also stated that EM was “speaking normally” and “smiling” in the videos where she provided consent.

Crucially, two players who were present within the hotel room but not charged stated that EM was “vocal” about wanting to participate in the acts.

The defence attorneys argued that EM’s intoxication did not equal “incapacity” and that she decided to accuse the players because she felt regretful about her behaviour.

Lawyer David Humphrey, who represented McLeod, voiced: “For years, public perception was shaped by a one-sided narrative.” He also stated that the damage to McLeod’s career “has been significant.”

All players were with the National Hockey League (NHL) when the allegations arose. The league has stated that they are still “ineligible” to participate in the league until the judge’s verdict is reviewed. Its official statement reads:

“The allegations made in this case, even if not determined to have been criminal, were very disturbing and the behaviour at issue was unacceptable. We will be reviewing and considering the judge's findings. While we conduct that analysis and determine next steps, the players charged in this case are ineligible to play in the League.”

Regarding irregularities within EM’s evidence, prosecutors argued that “intoxication does not equal unreliability,” and that the inconsistencies such as not remembering who purchased drinks on the night were insignificant.

EM initially reported the alleged sexual assault to police in 2018, four years before she filed a lawsuit against Hockey Canada. Hockey Canada then settled a C$3.5m (£1.9m) lawsuit with EM for an undisclosed sum in 2022. This caused uproar as Hockey Canada reportedly used player registration fees to do so. Prosecutors suggested that the fact EM reported to the police four years before she filed her Hockey Canada lawsuit shows that she had little intention of fabricating a story.

They added that text messages show that McLeod invited his teammates to the room and that they engaged in “getting their story straight” to make it seem like EM provided consent.

Lawyer Karen Bellehumeur expressed that EM is naturally “very disappointed” with the verdict.

“When a person summons the courage to disclose their story, the worst possible outcome is to feel disbelieved,” voiced Ms Bellehumeur.

Prosecutor Meaghan Cunningham stated that she received “dozens of messages from people across Canada and abroad” expressing support for EM, and that “a successful prosecution is not measured solely by whether there are guilty verdicts at the end.”

Protestor Fabienne Haller told the BBC that she was “devastated” for EM and that this verdict will “influence the next decade, and even more, of how sexual assault cases are going to be dealt with.”

It is currently unclear if the Crown will appeal Carroccia’s decision.

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