Prosecution did not prove case in Canada hockey sex assault trial: judge

Yahoo

3 days ago

Prosecutors did not prove that five Canadian professional hockey players committed sexual assault, a judge found Thursday, ruling that the female complainant's evidence was neither "credible or reliable."
The accused stood trial over allegations they assaulted the woman in a hotel room following a June 2018 celebration for a national men's junior team in the Canadian city of London.
Michael McLeod, Alex Formenton, Dillon Dube, Carter Hart and Callan Foote denied wrongdoing, insisting the accuser -- whose identity is protected -- consented to a variety of sex acts in a London hotel room.
Superior Court Justice Maria Carroccia addressed a packed court following one of the most closely-watched trials in recent Canadian history.
"I do not find the evidence of (the complainant) to be either credible or reliable," she said.
Considering all the evidence, "I conclude that the crown cannot meet its onus as on any of the counts before me."
Criminal trials in Canada are often decided by a jury, but the case shifted to a judge-only trial after two juries were dismissed.
Carroccia on Thursday morning was delivering a comprehensive overview of trial testimony.
- Multiple investigations -
The complainant, 20 at the time, met McLeod at a bar in London before having sex with him.
That initial encounter was not at issue in the trial, which focused on 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.
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.
Hockey Canada conducted its own probe to assess whether the players violated any professional conduct standards.
Amid public uproar, London police re-opened the case and brought charges against the players last year.
In her lengthy decision following a weeks-long trial, the judge addressed the complainant's various statements about the night in question. Carroccia said the woman had acknowledged some were inaccurate.
- Hockey culture -
The case has centered on the evolving legal definitions of consent, and the judge addressed videos made by McLeod of the complainant saying she was OK with what happened.
Prosecutors argued the decision to make a video indicated concern the sex was not consensual.
Hart, a former National Hockey League goaltender, testified such videos were common practice among professional athletes.
Legal experts have said the videos were not viable as evidence of consent.
The case has also sparked debate about culture in ice hockey, Canada's cherished national sport.
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.
Speaking before Thursday's hearing, Simon Darnell -- a professor of sport for development and peace at the University of Toronto -- said the players' conduct in the hotel room was troubling, regardless of the trial.
He urged more work to foster a sports culture that emphasizes "a positive form of masculinity."
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