Lawyer suggests alleged victim proposed a “wild night” in sexual assault case
In the sexual assault trial involving five hockey players, the lawyer for one of the accused, Michael McLeod, suggested that the woman accusing them was the one who proposed the idea of inviting other players to the hotel room in June 2018.
David Humphrey, McLeod’s lawyer, argued during cross-examination that the woman, now 27, wanted to continue the night after having sex with McLeod and suggested the presence of her friends “for fun”.
“I am going to suggest that Mr. McLeod asked you if you were serious and if that was what you really wanted and that you said yes, that was the case,” Humphrey indicated.
David Humphrey, attorney for Michael McLeod
The woman replied that she did not remember any conversation on the subject and that she was surprised when the people entered. She also stated that she did not remember having said those words.
McLeod, along with Dillon Dube, Carter Hart, Cal Foote, and Alex Formenton, were accused of sexual assault last year for the incident that occurred in London, Ontario, during a Hockey Canada gala celebrating their championship in that year’s World Junior tournament. McLeod faces an additional charge of being an accessory to the crime of sexual assault.
All the accused have pleaded not guilty and are currently not on the NHL’s list nor do they have an active contract with any league team.
The woman, who is testifying via a video connection from another courtroom, stated on Monday that she felt naked and scared when the men began entering the room. She described feeling “numb” and on “autopilot”, forced to agree to what the men wanted her to do. Prosecutors maintain that the players acted without ensuring that she voluntarily consented to the sexual acts.
Judge Maria Carroccia has informed the jury that it can use the evidence related to the initial encounter with McLeod to assess the credibility of the plaintiff’s testimony regarding her “interest and level of participation” in what happened afterwards, her ability to choose activities, and her level of intoxication.