Woman led world junior players to believe she consented to sexual activity, defence says

E.M. Defends her calculate of sexual assault after domain juniors during cross-examination

E.M. Inside information alleged abuse by ex-world juniors players: ‘Just a joke to them’

Complainant testifies in former world junior hockey players’ trial

NHL player testifies at sex assault trial of former world junior teammates | Hanomansing Tonight

Video evidence, NHLer testimony raise questions in world junior sexual assault trial

Court is now taking a short break.

Back around 4 p.m. ET.

Savard brings up the fact E.M. At one point told detectives she performed oral sex on another man, not Hart. Savard said it was somebody else who ultimately identified Hart as a suspect, though the lawyer does not specify who pointed to Hart.

E.M. Agrees with Savard that she had trouble distinguishing between the men because "a lot of them look alike."

She has said several times that she was worried about misidentifying the men in the hotel room because she knows these are serious accusations, but she was trying to be helpful to police.

Savard says E.M.’s phone was in her wristlet (a wallet or purse designed to be carried around the wrist) and was most likely just outside the bathroom door.

The lawyer says she could have grabbed the wristlet when she went to the bathroom to get dressed.

E.M. Agrees, but also says it was an “unexpected situation” and she didn’t know how to react.

Savard suggests E.M. Was trying to convince herself that she was fine.

“One of the best ways to convince yourself that you’re having a good time is to pretend to have a good time,” the lawyer says.

“Yes, I agree with that,” E.M. Replies.

Savard’s point is E.M. Can’t say with certainty whether she requested or offered specific sex acts in the hotel room because she can’t remember whether she spoke – let alone what she did or did not say.

But E.M. Says the men should have known that she wasn’t OK.

“The fact that I’m asking for it speaks to my level of intoxication,” she says. €œThey knew how much I was drinking that night. There were way more of them than there were of me. Nobody thought, ‘This isn’t a good situation.’ I feel like they really should have known.”

E.M. Says she’s getting “flustered” by Savard’s questions.

“I am trying to be truthful and honest about how I felt, and how I was treated and how it was in the room,” the woman tells the lawyer.

Savard has been asking E.M. To distinguish between what she was feeling and what she remembers. The lawyer noted E.M. Often says, “I feel …” when talking about what may or may not be a memory.

“Feelings aren’t memories,” Savard says. €œYou say you feel like you weren’t saying anything, but you have no memory of it, so you have no idea what was said.”

Savard points out to E.M. That she also told Hockey Canada investigators in October 2022 that the men “probably assumed I was fine with it, given how drunk I was and that I was going along with it. They must have thought I was OK with it.”

In court, E.M. Tells Savard that she was laughing it off and, outwardly, it might have looked like she was OK – but says that’s not how she was feeling.

Savard asks E.M. About a transcript of her July 22, 2018, interview with London police.

In it, E.M. Tells the detective that it might have looked like she was consenting to the sexual activity.

“I am going to suggest to you that regardless of what you were feeling in your head, you were acting in a way that would make the men in the room think you were consenting,” Savard asks the complainant.

“I don’t recall how I was acting. I don’t know exactly what I was doing,” E.M. Tells the court.

E.M. Told detectives in 2018 that, based on how drunk she was, the men could have assumed that she was “down for” what was happening in the hotel room.

Proceedings have resumed.

A reminder for those joining us this afternoon: A defence lawyer for Carter Hart, one of the five players from Canada’s 2018 world junior team now on trial, is cross-examining the complainant, E.M.

Hart’s lawyer, Megan Savard, is the second member of the five defence teams who will cross-examine E.M. During this trial.

Hart is accused of obtaining oral sex from E.M. Without her consent in a London, Ont., hotel room.

We’re awaiting proceedings to restart after the lunch break.

The judge still hasn’t come back into the courtroom and neither has the jury.

We will update you when court resumes.

Proceedings are set to resume at 2:15 p.m. ET.

---

---