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In a closely watched case in Canada, five Canadian ice hockey players accused of sexually assaulting a woman have been acquitted by an Ontario judge.
Justice Maria Carroccia delivered the verdict on Thursday in a packed courtroom, following several hours of reviewing testimony and evidence from the eight-week trial.
The former players for Canada’s world junior hockey team were accused of assaulting the woman, identified as EM, in a hotel room in London, Ontario, in 2018, during a Hockey Canada gala.
Justice Carroccia stated that she did not find EM’s evidence “credible or reliable,” adding that “the Crown cannot meet its onus on any of the counts.”
The players involved were Michael McLeod, Dillon Dube, Cal Foote, Alex Formenton, and Carter Hart, all of whom were affiliated with the National Hockey League at the time the allegations surfaced, with one playing in Europe.
The players declined to comment to the media after the verdict, but their lawyers issued statements on their behalf.
David Humphrey, representing Mr. McLeod, stated that his client is relieved.
“For years, public perception was shaped by a one-sided narrative,” Mr. Humphrey said, noting the “significant” damage to Mr. McLeod’s career and reputation.
Karen Bellehumeur, EM’s lawyer, stated that her client, who followed Thursday’s hearing virtually, was “very disappointed” with the judge’s assessment of her credibility.
“When a person summons the courage to disclose their story, the worst possible outcome is to feel disbelieved,” Ms. Bellehumeur said.
The central issue of the trial was whether EM, then 20 years old, had consented to every sexual act that occurred in the hotel room that night.
The court heard that EM met the players at a bar before going to the hotel room for consensual sex with Mr. McLeod. Other players then entered the room and engaged in further sexual acts with her.
Lawyers for the players argued that EM invited the men to have sex with her, and they believed she had given consent.
However, EM testified that she was intoxicated and fearful of the men. While she initially agreed to sex with Mr. McLeod, she stated she did not consent to what followed.
Only Mr. Hart testified in his own defense.
The trial garnered significant attention in Canada, with many people attending the court on Thursday, necessitating the opening of two overflow rooms.
Some of the players appeared visibly relieved after Justice Carroccia announced she was not convinced by EM’s testimony.
In explaining her ruling, Justice Carroccia cited irregularities in EM’s testimony, including discrepancies regarding who bought drinks that night, and described her statements as reflecting an “uncertain memory” that did not align with the evidence presented.
The judge further noted differences between EM’s statements to police investigators and those made to Hockey Canada, which settled a C$3.5m ($2.5m; £1.9m) lawsuit with her in 2022 for an undisclosed sum.
Two videos from the incident, where EM was recorded giving her consent to the activities, were shared during the trial. The first video was taken without her knowledge.
While Canadian law stipulates that the videos did not establish consent, the judge stated they showed EM “speaking normally, smiling,” and that she “did not appear to be in distress.”
She argued that this undermined the Crown’s assertion that EM did not leave the room out of fear.
It remains unclear whether the Crown will appeal the decision. Prosecutor Meaghan Cunningham said her team would carefully review the ruling.
She added that they had received “dozens of messages from people across Canada and abroad” expressing support for EM.
“A successful prosecution is not measured solely by whether there are guilty verdicts at the end,” she said. “The Crown’s goal throughout this proceeding has been to see a fair trial, a trial that is fair to the men charged, and one that is also fair to EM.”
Throughout the trial, the Crown maintained that EM’s testimony was credible, that “intoxication does not equal unreliability,” and that any inconsistencies in her testimony were minor.
They also argued that EM had no motive to fabricate a story and that she had initially reported the alleged assault to police in 2018, four years before filing the lawsuit against Hockey Canada.
Furthermore, they argued that text messages between the players allegedly showed that it was Mr. McLeod’s idea to invite his teammates to the room and that the players allegedly attempted to “get their story straight” by drafting a narrative that EM had consented to all sexual activity.
Justice Carroccia dismissed this argument, stating that the players were merely “recounting their recollections” of the events.
Defense lawyers argued that EM’s testimony was undermined by eyewitness accounts from two players who were present in the room but not charged in connection with the incident.
Both had testified that EM was “vocal” about her sexual desires.
The players’ lawyers also argued that EM was a willing participant who later felt regret, and that intoxication, in this case, did not equate to “incapacity.”
Throughout the trial and on the day of the verdict, several protestors supporting EM gathered outside the courthouse.
Fabienne Haller, one of the protestors, told the BBC that she felt “devastated” by the outcome.
She added that she believed the case “will influence the next decade, and even more, of how sexual assault cases are going to be dealt with” in Canada.
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