Michael McLeod‘s Lawyer Claims Complainant in Sexual Assault Case Wants to Be Seen as a Victim
Table of Contents
LONDON – In the ongoing trial of five former Canada Junior team members accused of sexual assault, Michael McLeod’s lawyer argued that the complainant is portraying herself as a victim rather than acknowledging her own choices on the night of the alleged incident in June 2018.
Michael Humphrey, representing Michael McLeod, made this statement during his final argument, marking the culmination of the trial’s six weeks of proceedings. Humphrey suggested that the complainant,EM,may have regretted her “sexual adventures” with several men she had just met that night.
EM alleges that she was raped by hockey players in a London hotel room on the night of June 18-19, 2018.She had gone to the hotel with michael McLeod after meeting him at a bar, where they engaged in a consensual sexual encounter.
Evidence presented at the trial included a text message from Michael McLeod to his teammates, asking, “Who wants a three plan quickly? 209 – Mikey.” The complainant testified that several hockey players arrived in the room that night,and she felt compelled to participate in sexual acts without her consent.
EM stated that she was “in shock”, “frightened” and “confused” during the evening.
Michael McLeod,Carter Hart,cal Foote,Dillon Dubé,and Alex Forms are each facing a charge of sexual assault in connection with the events. Mr. McLeod also faces an additional charge of participation in the violation of sexual assault. All five individuals have pleaded not guilty.
Defense Claims E. M.”Chose to Abandon Any Restraint”
During his final argument, Mr.Humphrey told Judge Maria carroccia that he intended to question the “reliability and credibility” of EM’s testimony. He pointed out that several witnesses present in Michael McLeod’s room on the night of the alleged assault testified that EM made sexual advances toward the hockey players.
The complainant denied this version of events in her testimony.
“It was EM who chose to abandon any restraint,” Humphrey stated.”His inhibitions have dropped and her sexual interest has increased.”
The lawyer added that the complainant may have regretted her actions afterward. “It is indeed not a criticism towards him. It is a natural phenomenon observed in young people who, under the influence of alcohol, make regrettable choices and give in to their sexual attractions. But when sobriety returns, regrets and discomfort frequently enough appear. The concern for personal reputation is natural,” Humphrey said.
The trial of (from left to right) Dillon Dubé, Alex forms, Carter Hart, Cal Fote and Michael McLeod, accused of sexual assault, takes place at the London courthouse in Ontario.
Photo: Canadian press / Geoff robbins
“A White Lie That Has Turned Into a Criminal Inquiry”
Humphrey argued that the complainant’s remorse led her to tell her mother “a white lie that has turned into a criminal investigation.” He stated that the alleged victim “likes to please people” and did not want to admit to her family and boyfriend that she “had chosen, that night, to drink, to dance, to throat with alcohol and return to the hotel” with Mr. McLeod.
She wants to be seen as a victim rather than a person responsible for his own choices.[…] It is indeed not a reliable witness […] And she has reasons to invent [une version des faits].
The lawyer emphasized that while the complainant told police in 2018 that she was too drunk to consent, she stated in her civil suit against the hockey players and Hockey Canada in 2022 that she was “too terrified to be able to consent.” This prosecution ended in an amicable settlement by Hockey Canada, which sparked controversy in the Canadian sports and political spheres.
EM has become a “famous national cause,” according to mr.Humphrey,hence “his interest in maintaining his story.” “It is in this context that you must assess this testimony,” the lawyer told Judge Carroccia.
Mr. Humphrey also noted that the complainant never told the police in her 2018 interrogations that she had felt fear in the hotel room.
Consent videos, “A Good Thing”
Mr. Humphrey asserted that the two videos presented earlier in the trial, including one where the complainant affirmed that “everything was consensual,” were taken by his client, Mr.McLeod, “in a responsible manner” and are “important evidence” that the complainant was “all right” with what had happened in the room and “consented to it, even if it is a posteriori.”
“She talks candidly. Just look at it. She seems to be very affected by alcohol. Time has proven that Mr. McLeod was right to obtain a recorded confirmation of his consent,” the lawyer stated.
“Society awaits and the law requires people to engage in a sexual activity if there is no consent communicated by words and actions. […] It’s a good thing he took this video,” Mr. Humphrey continued. “This prevents players from finding themselves in the situation they are now.”
A “Limited Number” of Guests
The second accusation against Mr. McLeod relates to the message he sent to his teammates after his sexual encounter with EM.
His lawyer acknowledged that his client had not mentioned this message in his 2018 interrogation with Detective Steve Newton of the London police service, which was broadcast in full at the trial.
However, Humphrey stressed that Mr. McLeod “has really invited only a limited number of people” into his room by sending this message and “was as surprised as [la plaignante] by the number of people who have arisen.”
“Sadly,” the lawyer stated, Detective Newton did not bother to consult his client’s phone to see if there were messages relevant to his investigation.
Carter Hart’s lawyer Megan Savard, who had begun her final arguments, will continue them on Tuesday morning, followed by the lawyers for Alex Forms, Dillon Dubé, and cal Foote. The crown will present its pleadings after the defense lawyers.
The file will then be entirely in the hands of the judge,whose verdict is expected to be explained,unlike a jury.
