Judge to rule in sexual assault trial that rocked Canadian hockey
TORONTO: A Canadian judge is set to deliver a verdict Thursday in the trial of five professional ice hockey players on sexual assault charges, in a case that has shaken the national sport.
The accused, who all previously played in the National Hockey League, stood trial over allegations they assaulted a woman in a hotel room following a June 2018 celebration for a national men's junior team.
Michael McLeod, Alex Formenton, Dillon Dube, Carter Hart and Callan Foote have denied wrongdoing, insisting the accuser, whose identity is protected, consented to a variety of sex acts.
The complainant, 20 at the time, met McLeod at a bar in London, Ontario, before having sex with him.
That initial encounter is not at issue in the trial, which is about events that occurred after McLeod messaged a team-wide group chat asking if anyone was interested in a "three-way."
Prosecutors argued the players engaged in sex acts with the complainant without taking steps to ensure her consent.
Defense lawyers said the woman willingly participated and only made the assault allegations after regretting her choices.
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Superior Court Justice Maria Carroccia will deliver her verdict from 10:00 am local time (1400 GMT) in front of what is expected to be a packed London courtroom.
Criminal trials in Canada are often decided by a jury, but the case shifted to a judge-only trial after two juries were dismissed.
Defining consent
An initial police investigation into the allegations produced no charges.
But subsequent media probes revealed Hockey Canada, a governing body, used funds from subscription fees paid by ordinary families for a $3.55 million CAD ($2.6 million USD) out-of-court settlement with the woman, forcing the resignation of Hockey Canada's leadership.
London police, under a new chief, re-opened an investigation led by a female detective with expertise in sexual assault.
The trial has been shaped by legal definition of consent which, in Canada, "has to be voluntarily and freely given, and it has to be contemporaneous with each and every sexual act," Western University law professor Melanie Randall told AFP.
She dismissed the relevance of so-called consent videos made by McLeod, which were presented at trial.
"The idea that you could film someone afterwards and say -- 'hey, this was all consensual, right?' -- to prove that there was consent is actually completely discordant with how consent is defined," Randall said.
Hockey culture
Some commentators have rejected claims the case exposed broader issues in hockey culture, arguing the sport remains a positive force for hundreds of thousands of young Canadians despite a disturbing incident involving several players.
But Simon Darnell, a professor of sport for development and peace at the University of Toronto, told AFP "it would be a problem to say that these five men were somehow bad apples and that there's nothing systemic here."
Regardless of whether the judge finds the players guilty, Darnell said the conduct in the hotel room needs to be addressed, urging more work to foster a sports culture that emphasizes "a positive form of masculinity."
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