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Jury in Hoggard trial asks consent-related questions, considers further testimony

Judges in the sexual assault trial of Canadian musician Jacob Hoggard asked more questions regarding consent Sunday as discussions continued into Friday.

The jury asked the judge to explain how the complainant’s words and actions were used to attempt to raise reasonable doubt about the evidence regarding her mental state at the time of the incident. incident without being based on preconceptions and assumptions about the manner in which sexual assault occurred. the victim should behave.

It asks for examples involving the second complainant, an Ottawa woman who met Hoggard on the Tinder dating app in November 2016 and went to see him in Toronto later that month.

The jury also asked for clarification of what would represent sincerity, rather than willful, ignorant ignorance of the complainant’s disagreement.

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Hoggard, the lead singer of the band Hedley, pleaded not guilty to two counts of sexual assault causing bodily harm and one count of sexual interference, which involved sexually groping a person under the age of 16.

The Crown alleges he got to know a teenage fan after Hedley’s performance in April 2016, and then brutally raped her in a Toronto-area hotel that September. , after she turned 16.

Prosecutors allege he also brutally raped a young Ottawa woman in late November 2016 in a downtown Toronto hotel.

Both complainants testified that they cried and said no during the encounter, and subsequently bled and bruised.

The defense argued that groping did not occur and that the sexual encounters were consensual.

Hoggard testified during the trial that although he has no detailed memory of the encounters, he believes the complainants consented based on their verbal and non-verbal cues.

In her answer to jurors on Sunday, Ontario Supreme Court Justice Gillian Roberts said she was unable to provide specific examples of how the second claimant’s evidence should be assessed because fear interfering with their fact-finding process, but might remind them of some of the “general legal claims” on the matter.

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Jury in Hoggard trial to consider more testimony after saying they’re at an impasse

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First, Roberts repeated her instruction not to make preconceived assumptions about how an “ideal victim” should act.

“It is not a mistake to draw a factual conclusion that might reasonably reflect a pattern if the actual conclusion is not drawn from a pattern inference but is instead based on it,” she said. on evidence.

She also said jurors might look at what the complainant said and did at the time and wonder if it was possible to draw “reasonable inference that she gave consent.”

“Remember that a reasonable doubt must not be speculated upon. There must be something that the complainant did or said from there that could raise a reasonable doubt about consent,” she said.

As for the question of actual or intentional lack of consent, Roberts told jurors that didn’t apply.

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She said the issue in each case was whether Crown could prove that the complainant did not consent to the sexual activity.

If the jurors accept the complainants’ evidence of what happened in the hotel room, it would mean they dismissed Hoggard’s evidence and accepted that he knew the complainants did not. agreed, the judge said.

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Over the past two days, the jury has asked the court to replay much of the evidence presented by the two complainants and Hoggard.

That’s after jurors twice said they were deadlocked on “some” of the figures.

© 2022 Canadian Press

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