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E.M. recalls details of ‘degrading’ alleged sexual assault at trial of ex-world junior players

E.M. recalls details of ‘degrading’ alleged sexual assault at trial of ex-world junior players
The complainant, known only as E.M., testified in the sexual assault trial of five former Canadian world junior hockey players Friday. She described her hazy recollection of events on the night in question and how she felt uncomfortable beforehand.
  • The sexual assault trial of five former world junior hockey players is into its second week.
  • The complainant – E.M. – is continuing her testimony now.
  • She is speaking in graphic detail about alleged assault in a hotel room in 2018.
  • The accused – Dillon Dubé, Cal Foote, Alex Formenton, Carter Hart and Michael McLeod – have all pleaded not guilty.
  • WARNING: Court proceedings include details of alleged sexual assault and might at times be graphic and might affect those who have experienced​ ​​​sexual violence or know someone who's been impacted by it.
  • Katie Nicholson

    E.M. says she tried to get dressed and to leave the hotel several times, but each time she did, someone would put their arm around her and tell her to stay, guide her away from the door.

    She felt physically sick, like she wanted to throw up, but couldn’t.

    “I felt like I had no option. They kept bringing me back,” E.M. testifies. “I couldn't think straight with the pressure and everyone in the room.”

    At one point, she said someone noticed she was crying and she heard someone saying, “Oh, she’s crying. Don’t let her go.”

    At the end of the night, McLeod wanted her to perform oral sex on him, she says. As she did, E.M. says, some men were slapping her butt as hard as they could and she told them to stop because it was hurting so much.

  • Kate Dubinski

    The Crown shows E.M. a photo of the entire junior hockey team, which is now entered as an exhibit.

    On it are notations by a detective on June 22, 2018. The notes say “Room?” and “Room and bar” and "Mikey's roommate,” denoting who was who. Mikey refers to McLeod.

    It was Alex Formenton who was allegedly in the bathroom, according to the notes.

  • Kate Dubinski

    WARNING: This post contains graphic details.

    E.M. says she had no idea a man was about to do the splits over her face.

    “I thought it was gross. I didn’t think it was respectful. It felt degrading," she says.

    E.M. says the other men in the room were laughing and it seemed like they were making fun of her.

    “It was all just a joke to them.”

    When she went into the bathroom, a man bent her over the sink and had sex with her, she says. Then she performed oral sex on him.

    She was naked and he was dressed. He put a condom on, she says. She’s not sure where the condom came from.

    “It felt like a continuation of what was going on. My mind was separated from all that was happening,” E.M. says. “I was feeling like I didn’t have control over it.”

  • Kate Dubinski

    WARNING: This post contains graphic details.

    The men started pulling off their pants and some said “suck” and “suck it.” The other men were encouraging each other, she testifies.

    She says someone spit on her back, and someone else was slapping her butt as she performed oral sex on three of them at once.

    “I shut down and let my body do what it needed to do to be safe. It seemed like the only safe thing to do was give them what they were wanting.”

    E.M. describes being numb and on autopilot.

    Once she was done performing oral sex, she says, she was lying on the sheet on the ground and “an individual did the splits right over my face.” She didn’t know that was going to happen.

    She started toward the bathroom and someone else followed her, and they had sex in the bathroom, she says.

  • Kate Dubinski

    E.M. says she was 5-foot-4 and weighed 120 pounds in 2018.

    The men “seemed a lot taller, a lot bigger.”

    Other men started entering and she had a “weird feeling of just separating from my body,” E.M. says.

    Her mind floated to the top corner of the ceiling.

  • Katie Nicholson

    WARNING: This post contains graphic details.

    “I was feeling scared. I didn't know where things were going and didn't know how to handle that kind of a situation," E.M. tells the court.

    “I was scared and confused.”

    She says “they were laughing at me… spitting on me at points.

    “It seemed like a joke to them…. But I was feeling intimidated and not sure how to react.”

  • Katie Nicholson

    WARNING: This post contains graphic details.

    E.M. is speaking about the night of the alleged assault.

    She testifies the men — she isn’t sure who — put a bedsheet on the floor and wanted her to lie down on it and touch herself.

    She says it likely happened because she told them she did not feel comfortable lying on the hotel floor.

    She says they had golf clubs and “talked about putting golf balls in my vagina” or she could “take the whole golf club in me.”

    Cunningham asks what was going through her mind when people other than McLeod came in the room.

  • Kate Dubinski

    Assistant Crown attorney Meaghan Cunningham asks E.M. about the consensual sex with McLeod.

    She says she performed oral sex on him and they had vaginal intercourse. After that, she went to the bathroom and McLeod got dressed right away, which she thought was strange.

    McLeod was on his phone; she assumed he was texting. She was still naked on the bed.

    Cunningham asked her what her expectations were about the rest of the night, now that the two had had sex.

    “I just assumed I would be staying there for the night. I didn’t really have any expectations,” E.M. responds. “I wasn’t sure why he was dressed already and on his phone. I was waiting to see what was happening.”

    She says there was no conversation about what would happen next, but when two men came into the room, she was very surprised. (The men she's referring to are Taylor Raddysh and Boris Katchouk, who were teammates of the accused but don't face charges themselves. They testified earlier in the trial.)

  • Kate Dubinski

    The jury is sitting now.

    Justice Maria Carroccia, who is overseeing the trial, tells them court staff are working on figuring out a way for jurors to be brought in through a separate entrance so they don’t have to go past the supporters.

    Carroccia reminds the jury that no matter what they hear people chant or what their signs say, the jury must disregard them.

    “This has nothing to do with your job here. You must decide this case based solely on the evidence and my instructions.”

  • Kate Dubinski
    A woman in a jean jacket and glasses holds a sign that says "we believe survivors."
    Jessie Rodger, executive director of the Anova: A Future Without Violence, organization, held a sign in support of E.M. outside the courthouse earlier today. (Kate Dubinski/CBC)

    People who support E.M. are holding up signs outside the courthouse as they did late last week.

    The accused men walk briskly past them, staring straight ahead as they – along with their family members and lawyers – go into the courthouse.

cbc.ca

cbc.ca

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