What is and isn't consent key in trial for 5 ex-world junior hockey players, Crown tells Ontario jury

Consent and lack of consent key in trial of five former Canadian youth hockey players — Prosecutors before Ontario jury

The sexual assault trial of five former Canadian youth hockey players, who were part of the 2018 world champion team, began Wednesday with opening statements from prosecutors in London, Ont.

WARNING: This report may be disturbing to those who have experienced sexual violence or know someone close to them.

“This case is about consent and it’s just as much about what is not consent,” prosecutor Heather Dankers told the 14-member jury.

The defendants in the case are Michael McLeod, Dillon Dubey, Cal Foote, Alex Formenton and Carter Hart. All five have been charged with one count of sexual assault. McLeod also faces an additional charge of aiding and abetting another person to engage in sexual activity without the victim’s consent. All five have pleaded not guilty to the charges.

According to the prosecution, the female plaintiff in the case (whose name is being withheld for anonymity) met the players at Jack’s Bar and Grill on the night of June 18, 2018, after a team championship party.

“We ask that you convict all five defendants at the end of this trial of engaging in sexual activity without the consent of E.M.”

The prosecutor reminded the jury to set aside preconceptions about what constitutes sexual assault.

In this trial, some of the events were accepted as agreed upon by the parties, including:

Room 209 of the Delta Armouries Hotel was registered in the names of McLeod and Formenton.

The date of the incident was June 19, 2018.

The CCTV footage from the bar and the hotel was found to be authentic.

Five videos from Derek Batterson’s cell phone from inside the bar were available, as well as videos of McLeod and his phone conversations with others.

Details of the events on the night of the incident: According to the prosecutor, McLeod and E.M. left the bar and went to a hotel room, where they had consensual sex. McLeod then texted a group of friends: “Who wants a threesome in room 209 - Mikey.”

The prosecutor went on to say that E.M. was drunk and shocked and didn’t know how to react after several other players entered the room. Out of fear and anxiety, in a state of intoxication and distress, she gave in to their demands.

The prosecutor added: “All five defendants had sexual contact with E.M. without obtaining her express and voluntary consent.”

The prosecutor also said that there are videos in which E.M. says “all this was consensual,” but this statement does not meet the legal definition of consent because the defendants made no effort to obtain explicit and genuine consent and only did what they wanted.

After the incident, E.M. left the hotel, called a friend and cried at home in the bathroom. The police are still involved in the case and have messages from the defendants in which they tried to coordinate their story or ask E.M. to ignore the matter.

A police detective was scheduled to show the jury video evidence from the surveillance cameras on Wednesday afternoon, but the presentation was delayed due to technical difficulties, and the court was eventually adjourned early due to a lunchtime issue that the judge needed to discuss with lawyers. Details of the matter are not being released at this time.

The trial will resume at 10 a.m. on Thursday.

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