The Complexities of Consent in Hockey: A Nationwide Problem Exposed

Strategic Insights -

A civil suit filed in March named four Windsor Spitfires players and two leagues as liable for alleged assaults in 1984 has reignited the debate around consent in hockey. The case is distinct from the ongoing trial of five members of Canada's championship 2018 World Junior hockey team in London, Ont. The core facts of the Windsor case are undisputed, with the woman, E.M., agreeing to sex with hockey player Mike McLeod, then engaging in activity with more than one of his teammates. The issue at hand is whether E.M. clearly agreed to have sex with anyone other than McLeod, and whether any lack of consent was conveyed in a way the men should have understood.

Key Takeaways:

  • E.M.'s testimony revealed she was intimidated and instinctively did what she thought the men wanted, an example of a "freeze" reaction to trauma, in addition to "fight or flight."
  • The defence hopes to argue that E.M.'s acquiescence was a lack of interest rather than a lack of consent, a strategy that may be difficult to sell to the jury.
  • The case is notable for its depiction of a group of men circling around a young woman after a night of drinking, with one of the men reported to have been crying throughout the ordeal.
  • The trial has brought attention to the prevalence of gender-based violence in hockey, including a 1984 case in Windsor and a 2003 Team Canada assault in Halifax.
  • A recent Netflix series, "Adolescence," about a teenage boy who murders a female classmate after being radicalized online, has sparked conversations about the importance of teaching young people about consent.
  • Some of Hockey Canada's biggest payouts have gone to survivors of coaches who abused boys, highlighting the need for better protection for young players and communities.
  • Examination of E.M.'s testimony showed she was accused of using the "wrong" word to describe her attackers, being criticized for calling them "men" rather than "boys."
  • The case has raised existential questions about maturity and responsibility, including how old is considered "old enough" to take responsibility and how young is considered "young enough" to change.

Statistics:

  • 4,600: The percentage increase in the use of the slogan "Your body, my choice" among men in the 24 hours after the U.S. 2024 election, according to a New Yorker study.
  • 5: The number of men accused in the trial of Mike McLeod, a member of Canada's 2018 World Junior hockey team.
  • $3.75 million: The amount of the civil suit filed in March against four Windsor Spitfires players and two leagues for alleged assaults in 1984.
  • 16: The age of some of the alleged assailants in a 2014 case being investigated in Peel, according to TSN reporter Rick Westhead.
  • 18 and 19: The ages of the accused men in the trial of Mike McLeod, who are considered adults according to Canadian law.

Sources:

  • "The woman alleging sexual assault by a group of junior hockey players says she's unsure if all of the men in the room were involved. Her suit names four, not five, John Does because when she regained consciousness, John Doe 5 was "standing in the corner ... crying throughout the remainder of the [alleged] assaults.""
  • "Such a long, short time ago. What everyone is glued to now - along with the eerily concurrent Stanley Cup playoffs - is the world juniors trial in London, Ont."
  • The New Yorker, "The Rise of 'Your Body, My Choice': A Slogan of Misogyny Goes Mainstream"
  • TSN, "Interview with woman whose 2014 allegations are being investigated in Peel"
  • "Culturally, that London courtroom is a site of the ongoing war over the humanity of men. It's an escalating fight, with years of destruction in its wake."