The sexual assault case against 2018 Canada world junior players nears a verdict
Michael McLeod, Carter Hart, Cal Foote, Dillon Dube and Alex Formenton faced a trial after an incident that occurred in London, Ontario, in 2018.
What happened?
A woman sued Hockey Canada in 2022, alleging she was sexually assaulted by eight members of Canada's world junior team after a fundraising gala in London in 2018. Hockey Canada settled the lawsuit, and then an investigation revealed the organization had two secret funds to pay settlements on claims of sexual assault and abuse.
London Detective Sgt. Katherine Dann said in announcing charges in early 2024 that London Police received a call on June 19, 2018, from a relative of the victim and launched an investigation. That was closed in 2019 with no charges.
The 2022 suit, which sought $3.55 million in damages and was dropped after reaching the settlement with Hockey Canada, led to police reopening the investigation and charges against five members of the team.
The NHL launched its own investigation in 2022. Officials pledged to release the findings, though Commissioner Gary Bettman said in February that would depend on what the league can say given legal proceedings.
The woman testified in May that she was naked, drunk and scared when four of the men showed up unexpectedly in her room at the Delta Hotel London Armouries in the early morning hours of June 19, 2018, and felt the only 'safe' option was to do what they wanted. Prosecutors contend the players did what they wanted without taking steps to ensure she was voluntarily consenting to sexual acts.
Defense attorneys cross-examined her for days and suggested she actively participated in or initiated sexual activity because she wanted a 'wild night.'
Who was charged?
Hart, formerly of the Philadelphia Flyers; McLeod and Foote, formerly of the New Jersey Devils; Dube, formerly of the Calgary Flames; and ex-NHL player Alex Formenton, who had been playing in Europe with Swiss club HC Ambri-Piotta, were charged with sexual assault. McLeod is facing an additional charge of being a party to the offense of sexual assault.
All five pleaded not guilty. None is on an NHL roster or has an active contract with a team in the league.
Hart was the Flyers' No. 1 goaltender, while McLeod and Dube were regulars. Foote, a defenseman and son of former NHL player Adam Foote, primarily spent this past season in the American Hockey League. Formenton played in 109 games for the Ottawa Senators from 2017 through 2022 before going to Europe.
What's next?
Ontario Superior Court Justice Maria Carroccia is solely responsible for handing down a ruling in the case after dismissing the jury in May, following a complaint that defense attorneys were laughing at some of the jurors. Carroccia said she had not seen any behavior that would cause her concern but concluded the jury's negative impression of the defense could impact their impartiality, a problem that could not be remedied.
Possible fallout?
There is a wide range of outcomes if any of the men are found guilty, with sentences in Canada for varying degrees of sexual assault ranging from no mandatory minimum up to 10 years in prison.
It was not immediately clear whether the players would be able to return to the NHL if they are found not guilty. Bettman has said the league will let the legal case play out before taking any steps.
Whatever the judge decides, Bettman has wide latitude to make decisions in the interest of the game when it comes to off-ice behavior. The league in 2019 suspended Los Angeles Kings defenseman Slava Voynov for the 2019-20 season and ensuing playoffs after determining he committed acts of domestic violence. Shane Pinto was suspended for 41 games for violating the league's gambling policy.
There is an appeals process through the NHL Players' Association and an arbitrator jointly hired by the league and union to rule on disputes, when necessary.
Hockey Canada, meanwhile, has lost several sponsors, including Nike, and its CEO and board resigned in 2022 in the wake of this and other scandals.
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