Crown cross-examines one of five hockey players accused of sexual assault

Crown lawyer cross-examined Carter Hart, one of the accused in the sexual assault trial, reports CTV London’s Nick Paparella.

Warning: This story contains graphic details and allegations of sexual assault

On Friday morning Crown lawyer Meaghan Cunningham began cross-examination of Carter Hart in the sexual assault trial of five former members of Canada’s world junior hockey team in a London, Ont., courtroom.

Cunningham started by asking Hart about his alcohol consumption the night of June 18 and early morning of June 19, 2018.

Hart agrees with the Crown that his memory is “imperfect” partially due to the alcohol and the passage of time.

Cunningham suggested Hart was “not just open to a sexual encounter” but was “hoping for it” that night, to which Hart agreed.

Court heard at 1:13 a.m., Hart sent a text to the group chat saying, “Rippers anyone” and then “I’m going,” (rippers is slang for strip club).

Cunningham suggested: “At this point in the night you were in the mood to see naked women?”

Hart agreed but said he did not end up going to a strip club.

At 2:10 a.m., Michael McLeod sent a text in the group chat saying, “Who wants to be in a 3-way quick” and then “209-Mikey” to which Hart responds “I’m in.”

Hart testified when he responded to the text message, he hadn’t made up his mind about whether he wanted to take part in sexual acts with the complainant, known as E.M.

“You were putting a lot of faith in your friend McLeod to set something up that was morally acceptable to you,” Cunningham said.

“Yes,” Hart agreed.

Hart testified he saw E.M. laying on a bedsheet on the floor masturbating and asking guys to have sex with her, in room 209 in the Delta Hotel.

“Guys were saying you do it, you do it,” said Hart.

Hart testified he was single at the time but “did not want to have intercourse with her” and asked if she could give him oral sex.

He said E.M. responded with “yes” or “sure” and crawled towards him on her knees and gave him oral sex. The sexual encounter lasted “about 30 to 60 seconds” because he “couldn’t get fully erect” he said.

Hart testified E.M. started to get “frustrated” following their sexual encounter and said she was going to leave if no one had sex with her.

“She was forward and sexually demanding,” he said. “I couldn’t believe she was comfortable saying these things in front of a group of people.”

Cunningham suggested: “Some of the guys were taking affirmative steps to keep her in the room.”

Hart disagrees.

Court previously heard Hart sent a text to his teammate Dante Fabbro because he was one of the other guys on the team who was single.

Cunningham suggested Hart wanted to “keep the party going” and keep E.M. there for “sexual activity.”

“That’s possible,” said Hart.

Cunningham asked Hart about Cal Foote doing the splits on E.M.

She suggested Foote took his pants off and did the splits on E.M. ‘s face, “tea bagging” her.

Hart disagreed and said, “I think that would be pretty weird.”

E.M., alleges she was sexually assaulted in room 209 of the Delta Hotel in the early morning hours of June 19, 2018.

The charges against the players were laid after E.M. settled a lawsuit with Hockey Canada in 2022.

Along with co-accused Dillon Dubé, McLeod, Foote, and Formenton have all pleaded not guilty.

If you or someone you know is struggling with sexual assault or trauma, the following resources are available to support people in crisis:

If you are in immediate danger or fear for your safety, you should call 911.

A full list of sexual assault centres in Canada that offer information, advocacy and counselling can be found ​on the website for Ending Sexual Violence Association of Canada.

Helplines, legal services and locations that offer sexual assault kits in Alberta, B.C., Saskatchewan, Manitoba, Quebec, Ontario and Nova Scotia can be found here.

National Residential School Crisis Line: [phone]

24-hour crisis line: 416 597 8808

Canadian Human Trafficking Hotline: [phone]

Trans Lifeline: [phone]

Sexual misconduct support for current or former members of the Armed Forces: [phone]

Read about your rights as a victim here.