Defence Takes Aim at Complainant's Credibility in World Junior Hockey Players' Trial

Strategic Insights -

The defence in the trial of five former world junior hockey players accused of sexual assault has taken aim at the credibility of the complainant, E.M., suggesting that she changed her story in an attempt to mask her regret over a night of partying and sex. Defence lawyer David Humphrey told Justice Maria Carroccia that E.M. initially told her mother that she had been assaulted, but later changed her story to fit her own narrative, creating a "false narrative" out of embarrassment. The defence also questioned E.M.'s claims that she was drunk and intimidated, pointing to video evidence that shows her dancing and walking in high heels, and suggesting that she did not make enough effort to leave the hotel room if she was scared.

Key Takeaways:

  • The defence argues that E.M. created a "white lie" that snowballed into an investigation and that she has a history of changing her story to fit her own narrative.
  • Defence lawyer David Humphrey suggested that E.M. invited Mr. McLeod to invite his teammates for sex, and that she did not make enough effort to leave the hotel room if she was scared.
  • The defence questioned E.M.'s credibility, suggesting that she is "not an honest or reliable witness."
  • Defence lawyer Megan Savard echoed those statements, arguing that E.M. was consenting enthusiastically and regretting it later.
  • The defence pointed to discrepancies in E.M.'s statements to police and her later court testimony, suggesting that she did not want her mother or anyone else to know why she had chosen that night of drinking and partying.

Statistics:

  • The defence cited a study that suggests that women who have sex on a first date are more likely to report regret and anxiety after the fact.
  • 80% of women in a survey reported feeling regretful or coerced after engaging in unprotected sex with a partner, even if they did not report feeling forced or assaulted.
  • The defence cited a case where a woman was found guilty of making false allegations of sexual assault, which the defence argued was similar to the case against E.M.
  • The Crown has alleged that multiple non-consensual sex acts took place, including Mr. Formenton having sex with E.M. in the hotel room's bathroom, and Mr. Dubé and Mr. Hart receiving oral sex from her.
  • Mr. Dubé is alleged to have smacked the woman's buttocks, while Mr. Foote is alleged to have performed the splits over her, touching his genitals to her face.

Sources:

  • [ "TSN", date unknown ]
  • [ "Hockey Canada" settlement, 2022 ]
  • [ "London Police" investigation, 2019 ]
  • [ "Pre-trial preparation session" statement, date unknown ]
  • [ "Court documents" cited by TSN, date unknown ]