Ice Hockey Players Acquitted of Sexual Assault Charges
Hockey Canada Acquitted: Judge Cites Inconsistencies in Accuser’s Testimony
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London, ON – A judge has acquitted three former members of Canada’s 2018 junior men’s hockey team of sexual assault charges, citing notable inconsistencies in the accuser’s testimony and evidence presented during the trial.Justice Lynne Carroccia of the Ontario Superior Court delivered the ruling on Thursday,leading to a packed courtroom with overflow rooms required to accommodate the public interest.
The allegations stemmed from an alleged incident following a Hockey Canada gala in London, Ontario, in June 2018. The accuser, identified as EM, claimed she was sexually assaulted by the three players - Dillon Dube, Cale Makar, and Taylor MacLeod – after a night of drinking. However, Justice Carroccia found EM’s account to be unreliable, pointing to discrepancies in her statements to police and Hockey Canada investigators, as well as her testimony during the trial.
Key Factors in the Acquittal
Justice Carroccia’s decision hinged on several critical points:
inconsistent Testimony: the judge highlighted inconsistencies in EM’s testimony regarding details such as who purchased drinks and the sequence of events. These discrepancies, coupled with what the judge described as an “uncertain memory,” did not align with other evidence presented.
Video Evidence: Two videos from the night in question where presented.While Canadian law does not recognize video as definitive proof of consent, Justice Carroccia noted that the videos showed EM “speaking normally, smiling” and not appearing to be in distress. This contradicted the crown’s argument that EM was too fearful to leave the room.
Differing Accounts: The judge pointed out variations between EM’s statements to police and those provided to Hockey Canada, wich had previously settled a C$3.5 million lawsuit related to the incident for an undisclosed sum in 2022.
Defense Arguments: Defence lawyers argued that eyewitness accounts from other players present that night,who were not charged,indicated EM was “vocal” about her desires. They suggested the accuser was a willing participant who later experienced regret,and that her intoxication did not equate to incapacity.
The Crown’s Case and prosecutor’s Statement
Throughout the trial, the Crown maintained that EM’s testimony was credible, arguing that intoxication does not automatically render a person unreliable and that any inconsistencies were minor. They presented text messages allegedly showing that Taylor MacLeod invited his teammates and that the players attempted to “get their story straight” by fabricating a narrative of consent.
Prosecutor Meaghan Cunningham stated that the Crown would carefully review the decision. she acknowledged the significant public support for EM, noting that the prosecution’s goal was a fair trial for all involved, not solely guilty verdicts. “A accomplished prosecution is not measured solely by whether there are guilty verdicts at the end,” Cunningham 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.”
Public Reaction and Future Steps
The trial garnered significant attention across Canada, reflecting the high public interest in cases involving allegations of sexual assault and prominent athletes. The acquittal raises questions about the challenges in prosecuting such cases, especially when intoxication and consent are central to the defence.
It remains unclear whether the Crown will appeal Justice Carroccia’s ruling. The decision underscores the complexities of legal proceedings where the credibility of testimony and the interpretation of evidence, including video and witness accounts, are paramount.