Prosecutors in the sexual assault trial of five hockey players argue two videos in which the complainant says she's "OK with this" and that "it was all consensual" are not evidence that she actually consented to the sexual acts that took place inside a London, Ont., hotel room.
Prosecutor Meaghan Cunningham says the videos, taken about an hour apart in the early hours of June 19, 2018, did not constitute reasonable steps to determine whether the woman voluntarily consented to specific sexual acts with any specific person, but instead were "token lip service box checking."
Cunningham says the woman was simply telling Michael McLeod what he wanted to hear, noting the player can be heard telling the woman to "say it" at the start of the second video.
The prosecutor argued that several men who were in the room testified they thought the woman was acting strangely that night but that no one attempted at any point to have a sincere conversation with her about what she wanted.
Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube and Callan Foote have pleaded not guilty to sexual assault, while McLeod has also pleaded not guilty to an additional charge of being a party to the offence of sexual assault.
Defence lawyers representing the players made their closing submissions to the judge earlier this week, focusing largely on the complainant's credibility and reliability as a witness.
Lawyers for McLeod, Hart, Formenton and Dube argued their clients had consensual sexual contact with the woman, while Foote's lawyer argued he didn't touch her, sexually or otherwise.
The Crown, which is expected to wrap its closing submissions today, argued Thursday that the complainant's actions should not be judged based on what others believe she should have done that night.
Ontario Superior Court Justice Maria Carroccia is expected to deliver her ruling in the case on July 24.
Picture Courtesy: THE CANADIAN PRESS/Nicole Osborne
