Woman’s cross-examination so far in hockey sex assault trial in London, Ont., and what’s expected next

The sexual assault trial involving five former world junior hockey players has been ongoing in London, Ont., with the complainant facing intense cross-examination from the defence lawyers for five days. The woman, known as E.M. in court due to a publication ban, has been testifying via closed-circuit television (CCTV).

The accused players, Michael McLeod, Dillon Dubé, Carter Hart, Cal Foote, and Alex Formenton, all former NHL players, have pleaded not guilty to one count each of sexual assault. McLeod is also facing a charge of being party to the offence, accused of inviting his teammates to his hotel room to engage in non-consensual sexual activity with E.M.

The trial revolves around the issue of consent, particularly focusing on the events that unfolded after E.M. went back to the hotel with McLeod in June 2018. The criminal charges stem from the alleged sexual activity that occurred with the other accused players without E.M.’s permission.

Throughout the proceedings, it has been highlighted that E.M. engaged in consensual sexual activity with McLeod initially but did not provide explicit consent for further activities with the other men. The Crown has argued that despite videos showing apparent consent, the men did not seek specific permission from E.M. for the subsequent sexual acts.

E.M. has testified that she was an unwilling participant who had consumed excessive alcohol that evening. She also mentioned adopting a persona to cope with the situation, describing feeling detached from her body during the events.

The defence lawyers have been scrutinizing E.M.’s actions leading up to the incident, questioning her recollection of events and interactions at the bar before going to the hotel with McLeod. Tensions have arisen during cross-examination, with E.M. facing challenges from the defence and expressing emotional distress at times.

The trial has brought attention to the use of a Hockey Canada fund to settle sexual assault lawsuits, leading to parliamentary inquiries and the reopening of the police investigation that resulted in charges against the five accused players. The legal teams representing each player are taking turns cross-examining E.M., with the proceedings expected to continue in the coming days.

The defence lawyers will continue questioning E.M., with the Crown having the opportunity to clarify her responses following the cross-examination. The trial remains a significant and contentious case, highlighting the complexities and sensitivities surrounding issues of consent and sexual assault.

For immediate assistance or support related to sexual violence, individuals can contact local crisis lines and support services through the Ending Violence Association of Canada database or call 911 in cases of emergency.