Sexual Assault Trial Hinges on Question of Consent as Defence Suggests Complainant Was Involved Voluntarily

The trial of five former junior hockey players accused of sexual assault has reached a critical juncture as defence lawyers continue to question the credibility of the complainant, E.M. The defence is suggesting that E.M. was a willing participant in the events that unfolded in the early morning hours of June 19, 2018, at a hotel room in London, Ont. E.M. has testified that she consented only to the initial intercourse with Mike McLeod, but was pressured into servicing other players sexually.

Key Takeaways:

• E.M. admitted to weighing 138 pounds at the time she met the players at Jack's Bar in London, Ont., where she accompanied one of them to his hotel room and engaged in consensual intercourse with Mike McLeod.
• E.M. has told the court that she was shocked when up to 10 players filed through Room 209 and she was pressured into servicing five of them sexually, claiming she consented only to the initial intercourse with McLeod.
• The defence has questioned E.M.'s credibility by pointing out inconsistencies in her testimony, including her initial statement to a detective that she weighed 120 pounds.
• Medical records indicate that E.M. weighed 138 pounds at the time she went to the hospital a few days later.
• E.M. has agreed that she never expressly said no and never tried to leave the hotel room, but claims she was under the influence of at least eight drinks and felt coerced into participating in further sexual activities.
• The defence has suggested that E.M. was "egging the players on" and that she was not as drunk as she claimed, but E.M. has denied this and stated that she remembers the men "shouting, saying 'someone have sex with this girl'".

Statistics:

• Court records indicate that E.M. was 20 years old at the time of the alleged assault.
• E.M. has testified that she imbibed at least eight drinks on the night in question, but Defence lawyer Dan Brown has shown that many shots contained only half an ounce of alcohol and buck-a-beer was only one-third of a pint glass.
• E.M. weighed 138 pounds at the time she met the players, according to medical records.
• 10 players allegedly filed through Room 209 after the initial intercourse with McLeod.

Sources:

• "Sex assault trial sparks question of consent" by Rosie DiManno, The Toronto Star, no publication date mentioned