Canada, and much of the rest of the world, have been closely following the trial of five Canadian hockey players accused of sexual assault.
Background on the Case.
Five former members of Canada's 2018 world junior hockey team - Michael McLeod, Carter Hart, Alex Formenton, Dillon Dubé, and Cal Foote -were accused by a woman, known as EM, of sexually assaulting her in a hotel in London, Ontario, where the players had been attending a Hockey Canada gala in 2018.
EM alleged that she willingly went with McLeod to his hotel room after meeting him that night, but this escalated into non-consensual sexual activity with Mcleod inviting his teammates to the room to join in. EM noted that she was highly intimated by the multiple men in the room and tried to placate them, but she did not consent to the group sex.
Initially investigated in 2018, the case was reopened in 2024. By January, all five were formally charged with sexual assault. McLeod faced an additional charge of facilitating the alleged offense.
EM faced nine grueling days on the stand, during which the defense argued that EM did consent to the sexual activity.
The Decision.
On July 24, 2025, Justice Carroccia delivered her decision, acquitting all five of the accused. Justice Carroccia said that EM's testimony was not sufficiently credible or reliable, and ultimately the Crown had failed to prove lack of consent beyond a reasonable doubt, the standard of proof required in criminal cases.
Justice Carroccia, in her decision, noted some inconsistencies in EM's testimony, including that EM incorrectly remembered her 2018 weight by 18 pounds while under cross-examination.
The acquittal sent shockwaves throughout the country and especially through those working in the sexual violence sector. It provided yet another reminder of the challenges survivors face when coming forward about their experiences.
The Chilling Effect on Survivors.
Discourse following the verdict has focused too narrowly on the verdict itself and not enough on the broader context.
Whether or not you agree with the acquittal, the trial and the decision highlight the challenges in attempting to deal with sexual assault through the criminal legal system. We should not solely focus on the right/wrong binary established by this adversarial system but instead make space for the issue that the criminal process is re-traumatizing to survivors and the fact that this trial will have a chilling effect on reporting sexual violence.
Sexual assault is a highly underreported crime. The reasons for underreporting vary but include the difficulty of proving such an allegation in a courtroom. Another reason for the underreporting is the potential for enduring judgement, rape myths, and stereotyping.
Survivors may also fear the potential of going through exhausting and re-traumatizing cross examinations, sometimes even being required to do so publicly, in cases where there is not a publication ban.
The Hockey Canada trial and decision sends a clear message to survivors that they should be fearful of all the above. EM endured scrutiny, over a week of cross examination, and was ultimately called not credible after sharing vulnerable and exposing details of an extremely traumatic event. There is little doubt that this decision will have a chilling effect on other survivors who are contemplating coming forward with their own experiences.
For too many days now, the fallout from the trial has been whether the decision was correct - instead, a much more complex and uncomfortable discussion must be had, which is, is the way the legal system treats survivors right and if not, what can be done? What does justice look like for survivors?
With the criminal legal system being one of the only options open to survivors of sexual assault, the legal system has an obligation to recognize and grapple with the unique nature of sexual assault and its treatment under our current systems. Lawyers and advocates ought to turn their minds to the reality that many of our systems are nearly impossible for sexual abuse survivors to navigate and ask themselves, what can be done?
If you are a survivor of sexual assault or abuse, our team of trauma-informed Toronto sexual abuse lawyers are here to help. We will listen to you with compassion and empathy and your initial meeting with us is always a confidential free consultation with no obligation.