In a landmark legal ruling very few expected, five Canadian hockey players—Michael McLeod, Alex Formenton, Dillon Dubé, Carter Hart and Cal Foote—have been found innocent. The charges arose from charges in a sexual assault case from 2018, an assailant June 2018. The trial itself lasted nine days, in early May 2024, occurring in a London, Ontario courtroom. Judge Maria Carroccia issued the ruling. She concluded that the prosecution had failed to meet the burden of proving the charges beyond a reasonable doubt.
The alleged criminal acts happened in a hotel room following a night of clubbing. The woman, identified only as “EM,” had first met McLeod at a local bar. EM, who was 20 years old at the time of the attack, described her experience testifying against her attacker. She alleged that she and McLeod engaged in consensual sexual intercourse at his hotel room. She said McLeod encouraged other players to chat her up without her permission.
Within the first few months of 2024, all five men had been charged with a single count of sexual assault. McLeod was charged with a third count for reportedly facilitating the attacks. Not surprisingly, the case attracted a great deal of media attention. This was compounded by both the high-profile nature of the accused and serious allegations involved.
During her testimony, EM described feeling a sense of disconnection during the encounter, stating, “It felt as if my mind kind of floated to the top corner of the ceiling and I just started watching everything happen.” She told us how during filming, she went on “auto-pilot” and adopted a “porn star” persona to protect herself. EM also mentioned, “I just didn’t feel like I had any control,” highlighting her feelings of vulnerability during the events in question.
This caused Carter Hart to testify in court that he had never asked EM for oral sex. He characterized her as “very enthusiastic” and “very aggressive” in her sexual pursuit of him. The defense team argued that EM was consenting throughout the night and even taunted the men by saying, “Come on, you’ve got a girl here. Someone have sex with me. You guys are pussies,” as claimed by David Humphrey during cross-examination. EM responded to this allegation by stating, “That doesn’t even sound like how I would usually speak,” emphasizing her denial of that characterization.
Two videos filmed by McLeod, known as “consent videos,” were shown during the trial as evidence. These recordings were intended to undermine the defense’s claims that EM was completely consenting at all times that evening.
The accusations were serious, but it was EM’s emotional testimony that was truly devastating. Ultimately, Judge Carroccia found the men not guilty due to insufficient evidence. She focused on the criminal case burden of proof. We found that the Crown did not prove guilt beyond a reasonable doubt.
In a parallel move towards accountability, EM launched a lawsuit against Hockey Canada for $3.55 million in 2022. It was this last action that forced police to reopen their investigation. This ultimately resulted in the criminal charges filed against McLeod, Formenton, Dubé, Hart, and Foote.
The ruling has elicited cheers and jeers from all sides. Supporters of EM have a right to feel disappointment over the outcome. Yet to some, the verdict signals a dangerous precedent that undermines due process and innocence until proven guilty.