Some men are filming ‘consent videos’ before and after sex — but do they stand up in court?

The sexual assault trial of five former Canadian world junior hockey players in London, Ont., has sparked a national conversation about consent and the complexities surrounding it. Michael McLeod, Dillon Dubé, Carter Hart, Cal Foote and Alex Formenton are facing charges of sexually assaulting a 20-year-old woman, known as E.M., in June 2018. The case hinges on the issue of consent, with the Crown presenting two short videos of E.M. as evidence.

Experts, such as Kaitlynn Mendes, a sociology professor at Western University, stress that consent is not a one-time agreement but an ongoing process. Consent can be withdrawn at any point, and all parties involved must actively communicate and obtain consent for each act. While videos, commonly known as “consent videos,” have gained popularity during the #MeToo movement, they are not a foolproof way to establish consent.

In the case of the accused hockey players, the videos show E.M. affirming that the sexual encounter was consensual. However, the Crown argues that the videos do not prove affirmative consent during the alleged assault. Lisa Kerr, an associate law professor at Queen’s University, emphasizes that the context in which the videos were recorded is crucial. Factors such as coercion, intoxication, and the demeanor of the individuals involved must be considered when interpreting the videos.

The trial has highlighted the challenges of navigating the ambiguities of consent, especially in cases of sexual assault. While videos or app responses may seem like a way to clarify consent, they cannot replace the need for clear, ongoing communication between all parties involved. The outcome of the trial will shed light on how the legal system grapples with issues of consent and sexual violence.

If you or someone you know is in immediate danger or has experienced sexual violence, please seek help from local crisis lines or services. The Ending Violence Association of Canada database can provide resources and support in your area.