London, have. – The crown lawyer, Heather Donkers, made declarations of opening on Wednesday before the Ontario Superior Court in the sexual assault trial of Hockey Canada, describing what she described as a “roadmap” on the events of the night of June 2018 in question and indicating that the case returns to the question of consent.
Michael McLeod, Carter Hart, Alex formenton, Dillon Dubé and Cal Fote are all confronted with accusations of sexual assault arising from a June 2018 incident in which a 20 -year -old woman allegedly alleged that she had been sexually assaulted for a period of hours in a London championship race in Ontario, after a gala of hockey Canada, celebrating the race for the world champion of players 2018.
It was the first time that the jury of 14 people, selected on Tuesday and made up of 11 women and three men, heard the basis of the crown affair against the five defendants. Donkers told the jury that the case was based on “if (the complainant) had voluntarily agreed to engage in each sexual act that took place, when it happened” and advised jurors to “leave behind him ideas, prejudices or pre-designed judgments that you may have on what constitutes sexual assault”.
Donkers said the jurors to expect to hear (the complainant) “proposed to do sexual acts or ask if someone was going to have sex with her” and said that the complainant would tell the jury that she was drunk, uncomfortable and that she did not want what she was expected of. “”
Donkers told the jury that they will hear the complainant that the five defendants “had sexual contact with the complainant without his voluntary agreement to the specific acts that took place”. In the declaration of opening, Donkers said that the complainant will say that after she and McLeod had sexual relations, “the atmosphere in the room had changed” and that after this act – which is not the subject of the trial – the complainant “observed McLeod on his phone and she thought he was sending a message to people”. Copies of these text messages, said Donkers, would reveal that McLeod asked the teammates in a group cat “who wants to be in a 3 -way path” and advise his room number. Donkers said that McLeod “went into the corridor and invited people in his room, where (the complainant) was still naked under the covers of the bed” and that “before long”, more men arrived and that “up to 10 men” were inside the room at various points of the night “, which the complainant was going to say to the jury”.
Donkers said that the jury will hear that “without obtaining his consent, Michael McLeod, Carter Hart and Dillon Dubé obtained the oral sex from (the complainant)” and that “without his consent, Dillon Dubé slap (the complainant) on his naked buttocks while she was engaged in a sexual act with someone else.” Donkers said that the jury will also hear that “without his consent, Alexander form has vaginal sex with (the complainant) in the bathroom” and “that without his consent, Callan Fote made the face (the complainant) while she was lying on the ground, scrapping her genitals on her face.”
Donkers said that the jury could expect to “hear evidence that at the end of the night, Mr. McLeod sexually assaulted (the complainant) by penetrating her vaginal without his consent.” Donkers discussed the additional accusation against McLeod (“to have gone to the offense”), which “relates to the planned evidence that throughout the night, Mr. McLeod helped and encouraged his teammates to engage with (the complainant), knowing that she had not agreed.”
Donkers informed the jury that the complainant “had not said” no “to the specific sexual acts which constitute a sexual assault”, and she had not “resisted these moments”, but that it was “in a state of drunkenness, and a group of great men that she did not know, she did not feel that she had a choice in the matter.”. Donkers said that (the complainant) had tried to leave the room “but the men brought her to stay”, so she “found herself to go through the movements, just trying to spend the night by doing and saying what she thought she wanted.” Donkers said the jury will hear the complainant that “the defendants did not take any measure to ensure that there was an affirmative consent when they touched him”.
“Instead, they just did what they wanted,” Donkers told the jury.
Donkers told the jury that they will hear evidence of two brief videos made from the complainant at the end of the night, “in which the complainant made great statements as” everything was consensual “.” Donkers advised the jury to “listen carefully” to what the complainant will testify to what happened before and during the recording of the videos.
“Pay special attention not only to what has been said in these videos, but also to what has not been said,” said Donkers. “At the end of the trial, the crown plans to argue that these videos are not proof of consent to acts specific to which the accusations relate.”
In addition, Donkers said the jurors will hear evidence on individual Dubé and Foote telephone calls “asking some of their teammates to leave aside what they had done for (the complainant) during the description of what had happened in the hotel room” with the investigators.
By concluding its opening remarks, Donkers said that the case does not concern how you think you would act or how you think that someone would be or should act in a scenario like this. “”
“You are invited to rely on your collective common sense,” she said. “But be vigilant and do not allow yourself to be tempted by the myths and stereotypes which are omnipresent in society on the way in which victims of sexual assault should behave.”
(Photo of London, Ontario, courthouse by Peter Power / AFP via Getty Images)
