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What legal aspects are at play in cases like the one facing world junior players?

What legal aspects are at play in cases like the one facing world junior players?

CTV
Wednesday, January 31, 2024 10:18:54 AM UTC

Police in London, Ont., are expected to provide an update next week on their investigation into an alleged sexual assault involving members of Canada's 2018 world junior hockey team.

Police in London, Ont., are expected to provide an update next week on their investigation into an alleged sexual assault involving members of Canada's 2018 world junior hockey team. The update is scheduled roughly two weeks after the Globe and Mail reported that five members of the 2018 team had been ordered to surrender to police to face charges.

Since then, lawyers representing pro hockey player Alex Formenton have said he's been charged in an allegation from 2018.Lawyers for New Jersey Devils forward Michael McLeod said on Tuesday that he has been charged with sexual assault in the 2018 allegations. Both players' lawyers said their clients will "vigorously defend" the charges.

Here are answers to some questions that might come up as the case progresses:

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A statute of limitations is a window of time after which charges can't be laid for an offence. Such time limits exist for certain offences, typically less serious ones, experts say.

There isn't one for sexual assault, said Hamna Anwar, a defence lawyer and founding executive of the advocacy group Women in Canadian Criminal Defence. There are laws in place to protect sexual assault complainants, and the courts have recognized that "not everyone is able to report a sexual assault when it's committed," she said. "The thought is that it may take people years to process and come out if they're victims of sexual assault."

It's very common for police to give people time to turn themselves in, so long as there is no concern that they'll flee or endanger the public, said Chris Sewrattan, a Toronto-based defence lawyer and instructor at the Toronto Metropolitan University's law school. "It's a bit of a win-win," he said.

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