E.M. was 'in over her head' and resisted sex acts in 'passive ways,' Crown argues at ex-world juniors trial

E.M. tried to defy successful ‘passive ways’

Cunningham restarts her closing arguments, which she began yesterday, by talking astir however E.M. reacted erstwhile men started coming into the room.

“Feeling frightened and confused, she defaults to habit,” but arsenic much men arrived successful the room, she recovered herself “in implicit her head.”

“Intially, she’s trying to defy successful passive ways, successful ways that would beryllium wholly recognizable to immoderate pistillate oregon anyone who has seen a pistillate successful an uncomfortable situation,” Cunningham says.

The men were making suggestions astir what she should do, telling her what to do, to get down connected the floor, to interaction herself, Cunningham says.

“She is intimidated by the beingness of these men, truthful she goes on with what she thinks is expected, but it’s what she thinks it’s what is expected due to the fact that it’s what they’re saying to each other. It’s not coming from nowhere.”

This is the discourse for E.M.’s disconnection of assemblage and mind, Cunningham says.

What the justice can’t consider

Good morning. I’m the London-based newsman who has been posting the unrecorded updates passim this trial.

Before we perceive the remainder of the Crown’s closing arguments, a enactment astir immoderate grounds that exists, but cannot beryllium considered by the judge.

If this were a assemblage trial, I wouldn’t beryllium allowed to archer you astir them until aft the assemblage went to deliberate a verdict, but due to the fact that it’s being tried earlier a judge, I americium allowed to.

Before the proceedings started successful precocious April, determination were ineligible arguments astir what grounds tin and cannot beryllium considered. Among the grounds that can’t beryllium considered are statements successful 2022 fixed by players to Hockey Canada investigators. The grounds wasn’t allowed due to the fact that the justice ruled it was obtained nether coercion (Hockey Canada lawyers told players if they didn’t co-operate, they would beryllium named, shamed and banned from Hockey Canada for life).

Here are 3 things the Crown is not allowed to notation and the justice isn’t allowed to consider:

• In 2022, Forementon told investigators helium remembers Foote not having his pants connected during the splits. His lawyers person argued helium had his pants on. E.M. has said helium was bare from the waist down.
• In 2022, McLeod told investigators E.M. fell extracurricular the bath astatine Jack’s bar. E.M. besides testified to this. However, helium did not accidental that to the constabulary and it is not allowed to beryllium considered arsenic grounds of her intoxication.
• On June 26, 2018, Brett Howden texted Taylor Raddysh, telling him “Dude, I’m truthful blessed I near erstwhile each that sh–t went down…When I was leaving, Duber [Dillon Dubé] was smacking this girl’s ass truthful hard. It looked similar it wounded truthful bad.” That substance speech was not allowed by Justice Maria Carrocia due to the fact that she ruled it was hearsay. Lawyers astatine this proceedings person argued the buttocks slapping that nighttime was “playful” and akin to “foreplay.”

Good morning. I’m a shaper based successful Toronto and I’ll beryllium curating our unrecorded leafage today.

My colleagues are astatine the courthouse successful London to screen the latest developments from the trial, which volition apt wrapper this week.

You tin get caught up connected yesterday here. You tin besides find each of our online sum of the proceedings here immoderate time.

Stay with america for unrecorded updates. We’re expecting proceedings to resume astir 10 a.m. ET.