Woman in world junior hockey sex assault trial rejects defence’s suggestion she wanted a ‘wild night’

We are now taking the midday break until 2:15 p.m. ET.

Cross-examination by Humphrey will continue afterward.

As she told the Crown earlier, E.M. says she thought it was strange that McLeod put his shorts and shirt on right away after sex. She was still naked.

When two men showed up and she was still naked on the bed, she felt uncomfortable. (Those men, Boris Katchouk and Taylor Raddysh, former world junior players who don’t face any charges, testified earlier in the trial.)

E.M. says she may have been smiling or laughing at that point, because of her discomfort.

“Maybe outwardly I was smiling and laughing, but mentally I was nervous. I didn’t know how to handle that.”

Humphrey suggests she was still in bed with no clothes on because she was waiting for others to arrive and she had asked McLeod to get other guys over to the room.

E.M. says that’s not true and she had no idea he was inviting other people over.

“I was shocked when others walked in. It was an uncomfortable, awkward situation.”

Humphrey tells E.M. he believes she “suggested” McLeod have his friends come over because she was “interested in having some sexual interactions with them.” The lawyer and complainant started going back and forth:

E.M.: “No, I don’t think that’s something I would have said. I am shy; I don’t think that’s something I would ever suggest.”

Humphrey: “I suggest that at that point you didn’t want to go home. You wanted this party evening to continue and for some of the players to come back to the room.”

E.M.: No, I wouldn’t have done that. I would have wanted to go home.

Humphrey: I suggest you said something like, “‘Get some of those guys back here. I want to have a wild night.’”

E.M. “That doesn’t sound like something I would say and I don’t remember saying those words.”

She says she was really surprised when others walked into the room.

E.M. says she has no memory of any conversation after she and McLeod had sex.

Humphrey asks her if she said something along the lines of, “‘Have your friends come back to have some fun.’"

E.M. says she has no memory of saying anything like that.

WARNING: This post contains graphic details.

Humphrey is now going through the consensual sex that McLeod and E.M. had in the hotel room when they arrived.

She agreed to the lawyer’s suggestion that she initiated oral sex before they had sex.

Humphrey reads a portion of a 2022 statement E.M. gave in which she said the sex with McLeod wasn’t “forced” but she felt like she wasn’t “present in the moment.” E.M. agrees now to that statement.

Humphrey: “Are you saying that you were not consenting [to that sex]?”

E.M.: “No, I’m not saying that I am not consenting. I was OK with what I was doing. In terms of not being an active participant. I wasn’t doing it for my own enjoyment. I wasn’t doing it for myself. I was just to go through the motions to satisfy him.”

Humphrey: “Do you agree that you were not too drunk to consent to sexual intercourse with McLeod?”

E.M. “I wouldn’t have made that choice if I was sober, but I did make that choice.”

The defence is questioning E.M. about the initial sex with McLeod as part of his overall line of questioning about intoxication and consent.

The charges against McLeod and his teammates are in connection with the alleged sexual assaults later in the night with multiple men in the room.

Humphrey points out she was “rock steady” on her feet that night despite wearing high heels.

She says she wears those shoes often and is able to walk in heels whether she’s drunk or not.

“You made a choice to go to the hotel room with him. It was a mutual choice,” Humphrey says.

E.M. replies: “About going home with one man, yes.”

Prosecutors have alleged the woman and McLeod had sex in his hotel room, an encounter that is not in question at the trial. They allege the sexual assault took place after McLeod then invited several other men into the hotel room.

E.M. has said she tried to ditch McLeod earlier in the night, but when she went to the bathroom, he was standing outside waiting for her so she didn’t end up getting away from him.

McLeod’s lawyer suggests E.M. had plenty of time to ditch him later in the night.

But by then, she says, she was resigned to going home with him.

Humphrey says she could have used her boyfriend as an excuse, for example.

She says she has a hard time saying no.

“Do you say yes to all kinds of things you just don’t want to do?” Humphrey asks.

“Sometimes, yes,” she says.

Humphrey continues to show video of E.M. dancing at Jack’s bar.

Humphrey: “I suggest that you were having a lot of fun dancing with Mr. McLeod, with him dancing right behind you.

E.M.: “It does look like that, yes.”

Humphrey: “He’s touching you?”

E.M.: “Yes.”

Humphrey: “Are you pressing against him with your backside?”

E.M.: “I could have been, yes.”

Humphrey: “You and him are starting to kiss at this point?”

E.M.: “Yes.”

She says her arms are around McLeod partly so she can steady herself because she’s so drunk.

McLeod’s lawyer suggests she’s not drunk and she's just having fun.

E.M. disagrees.

Cross-examination by McLeod’s lawyer resumes.

E.M. views a video of the dance floor. It appears to show her kissing McLeod and someone tapping her buttocks.

“It looks like you’re just fine dancing on your own,” Humphrey says.

“Yup, it does,” E.M. answers.

Court is now on a short break. Cross-examination will continue afterward.