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Prosecutors allege five former members of Canada’s world junior hockey team “did what they wanted” to an intoxicated young woman in a London, Ont., hotel room in June 2018 after she had consensual sex with one of them.
Prosecutor Heather Donkers gave jurors an overview of the evidence the Crown expects to present as the sexual assault trial of Dillon Dube, Carter Hart, Michael McLeod, Cal Foote, and Alex Formenton began Wednesday.
The players have all pleaded not guilty to sexual assault and McLeod has also pleaded not guilty to an additional charge of being a party to the offence of sexual assault.
In her opening statement, Donkers said the complainant — who cannot be identified under a standard publication ban — met McLeod, Dube and some others at a bar on the same night as many of the team’s members attended a gala in the city.
She said the complainant is expected to testify that she had about eight drinks at the bar, and later went with McLeod to his hotel room, where they had consensual sex.
The Crown said “the atmosphere in the room changed” soon afterward, and McLeod invited several teammates into the room while the complainant lay naked under the covers.
In a group chat with team members, McLeod asked: “Who wants to be in a three-way quick?” the Crown said. He also went into the hallway and invited people into the room, she said.
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“Before long, more and more men began arriving in room 209,” with up to 10 present at some point, Donkers told the court.
The complainant is expected to testify that she felt drunk, surprised and unsure of how to act, the Crown said.
Some witnesses may testify that the complainant at times offered to perform certain sexual acts and asked if anyone was going to have sex with her, Donkers said.
The complainant is expected to say “she was going along with what the men in the room wanted” and what she felt they expected of her because she was “drunk, uncomfortable and she did not know what would happen if she did anything,” the prosecutor said.
Each of the five players is alleged to have had sexual contact with the complainant without her voluntarily agreeing to those specific acts, Donkers said.
It’s alleged McLeod, Hart and Dube obtained oral sex from the complainant at some point during the night, and Dube also allegedly slapped the complainant’s buttocks while she was engaged in a sexual act with someone else.
Formenton is alleged to have vaginally penetrated the complainant in the bathroom. Foote allegedly did the splits over the complainant’s face while she lay on the ground, grazing his genitals over her face.
The Crown alleges McLeod vaginally penetrated the complainant again at the end of the night, without her consent. It’s also alleged he assisted and encouraged his teammates to engage in sexual acts with the complainant knowing she had not consented.
The Crown anticipates jurors will not hear that the complainant said no to specific sexual acts or that she was physically resisting, but will hear that she felt she had no choice.
“She found herself going through the motions, just trying to get through the night by doing and saying what she believed that they wanted,” Donkers told the court.
She said it’s expected jurors will hear the accused took no steps to ensure there was affirmative consent but “just did what they wanted.”
“This is a case about consent. And equally as important, this is a case about what is not consent,” she said.
Court is hearing testimony from a police officer who became involved in the investigation in 2022.
The trial is expected to last approximately eight weeks.
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