RECAP | E.M. ‘did not choose’ to consent to sex acts with ex-Hockey Canada players, Crown argues at trial


Group sex was McLeod’s idea and plan, says Crown

Here is the fifth and final reason for Cunningham, the judge should reject the theory of defense that EM was the one who wanted group sex on the night in question: the texts and other efforts McLeod made to invite other men to the room.

“He is telling 19 men to come to his room for a triple. It is clear from this context that the” triple “is the abbreviation of group sexual activity,” says Cunningham. “He is sending it to 19 people. He is not investigating them.” When several men arrive, he does not send them, he adds.

McLeod sent a text message to the entire room to go to his room, called Hart, and went to take Katcheuk out of the hall and knocked on Raddysh’s door, asking them to go to his room for sexual activities with EM, Cunningham reminds him of the judge.

Basically, McLeod was trying to “wobble business,” he argues.

Cunningham also asks the judge to remember McLeod’s first text: “Who wants to be in a fast path.”

“He is not saying: ‘If you are interested in a triple, feel free to always pass when.’ He is communicating that there is some urgency in this.

“It is communicating that the window of opportunity for other players to participate in sexual activities with EM may not remain open for a long time.”

This is because McLeod knew that they had not stayed since his sexual encounter was over, and he had not asked him to take anyone else to the room, says Cunningham.

“He knows that she doesn’t even know she has made the offer to her friends.”

McLeod’s actions “are not the actions of someone who is trying to facilitate the wishes of a stranger,” says Cunningham.

“These are the actions of a man who personally invests in bringing men to participate in sex with Em. It is his plan, his idea, as EM said.”



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