What is and isn't consent key in trial for 5 ex-world junior hockey players, Crown tells Ontario jury
CBC
WARNING: This article may affect those who have experienced sexual violence or know someone who's been impacted by it.
The woman at the centre of the case against five former world junior hockey players accused of sexual assault didn't say "no" and wasn't physically restrained, but she also didn't consent to what happened in a hotel room in June 2018, the Crown said during opening statements in London, Ont., on Wednesday.
"This is a case about consent and equally as important, this is a case about what is not consent," assistant Crown prosecutor Heather Donkers told 14 jurors.
The accused are Michael McLeod, Dillon Dubé, Cal Foote, Alex Formenton and Carter Hart, who all went on to sign with NHL teams after junior careers that saw the 2018 Canadian squad win the world title.
All five men are charged with one count of sexual assault. McLeod faces an additional charge — of being a party to an offence — allegedly for his role in helping and encouraging his teammates to engage sexually with the complainant even though she didn't consent, Donkers said. All five men have pleaded not guilty.
Jury selection wrapped up Tuesday, the same day it started in London's Superior Court.
For the first time, on Wednesday, the jury — and the public — heard a roadmap of the Crown's case, expected to be presented over about eight weeks with Justice Maria Carroccia presiding.
The woman, known as E.M. in the case because a publication ban protects her identity, met the players at Jack's Bar and Grill, a popular nightclub, on the night of June 18, 2018, and into the early hours of June 19, Bonkers said. She was at the bar with friends, and the players went there after a gala celebrating their world junior hockey gold medal months earlier.
"At this trial, we will ask you to find each of the five defendants guilty of sexual assault because they touched E.M. sexually without her voluntary agreement to each act when it took place," Donkers said.
Jurors should set aside their pre-conceived ideas and judgments about what they think constitutes a sexual assault, she added.
The Crown and defence have agreed on several facts, including:
Batherson is a right winger with the Ottawa Senators, who are now in a first-round playoff series with the Toronto Maple Leafs.
At the time the charges were announced, McLeod and Foote were with the New Jersey Devils, Dubé was with the Calgary Flames and Hart was with the Philadelphia Flyers. Formenton was signed by the Ottawa Senators but was playing in Switzerland. Foote and Hart aren't currently in the sport, but McLeod and Dubé have been playing with Kontinental Hockey League (KHL) teams. Formenton has indicated he's working in construction in Barrie, Ont.
Other members of the 2018 world junior hockey team also went on to play professional hockey.
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