Janice Fiamengo on the recent court decision that acquitted five former junior hockey players of sexual assault charges in a London, Ontario court:
The acquittal, last week, by Justice Maria Carroccia of five former members of the Canadian World Junior Hockey Team charged with sexual assault has provoked the usual exaggerations and question-begging from feminist advocates.
A common theme has been the alleged negative impact of the verdict on “survivors”. Canada’s state broadcaster, the CBC, titled an article “Hockey Canada trial outcome a ‘crushing day’ for sexual assault survivors, says prof“. The Globe and Mail had the same focus: “After the Hockey Canada verdict, advocates fear survivors will fall silent“. For CTV News, also, “Advocates worry about message to survivors following Hockey Canada sex assault trial“. It seems that any not-guilty finding — no matter the accuser’s proven lies and venality — is said to constitute an assault on rape victims everywhere.
Our era’s motto: Better 100 innocent men go to prison than one potential accuser hesitate to come forward.
Many commentators also gushed about the courage of the woman, still identified only as E.M., who took the witness stand to proclaim her truth. E.M.’s lawyer, Karen Bellehumeur, called her “a remarkable person and truly a hero“. Professor Daphne Gilbert credited E.M. with provoking important public conversations at enormous personal cost. Supporters on the courthouse steps carried signs saying “We believe E.M.”
It’s hard to fathom that those declaring their anguish at the verdict and their admiration for E.M. have actually read Judge Carroccia’s 90-page judgement.
That judgement, far from revealing the judge’s failure to understand E.M.’s fear, as one feminist organization alleged, should cause any unbiased observer to question how the case was ever allowed to go to trial in the first place.
It had been found to be a loser when police first looked into it back in 2018. The story was that E.M. had met a hockey player, Michael McLeod, at Jake’s Bar in London, Ontario; McLeod was in town with his team to celebrate their World Junior Championship victory at a ring ceremony and gala dinner. E.M. agreed to go back to McLeod’s hotel room, but once there, he invited many other players to the room, where they took turns sexually assaulting her. She went home crying, and when her mother asked her what had happened, she told her. Her mother called the police.
The problem was that the complainant’s story was full of holes. Questioned by investigators in the days following, she couldn’t say she hadn’t consented, confessed that she may have enjoyed the sexual attention of the players, admitted she could have left the hotel room at any time, and never mentioned fear or intimidation as factors in her actions. London police closed the case in early 2019 without laying any charges. Over time, it seems, E.M. constructed a more compelling story to explain herself in a way that would be acceptable to her mother and to E.M.’s boyfriend.
In 2022, a police investigation was reopened after it was reported that Hockey Canada, the sport’s national governing body, had paid out millions in settlement money to women like E.M. who had alleged sexual misconduct on the part of players. E.M. herself received an undisclosed settlement amount in 2022 after suing for 3.5 million dollars.
Charges were ultimately laid, in early 2024, against five men, all of whom had by then launched careers in the National Hockey League: Dillon Dubé, Alex Formenton, Carter Hart, Callan Foote and Michael McLeod. Their NHL careers are now in tatters while their accuser has enriched herself with a false accusation.
