THUNDER BAY – One of the two former University of Ottawa hockey players charged with sexual assault testified he never received explicit verbal consent from the alleged victim.
Both Guillaume Donovan and David Foucher, the two Gee-Gees players on trial for an alleged Feb. 2, 2014 incident in a Thunder Bay hotel, took the stand in their defence on Thursday testifying in French. It was the first time in the nearly two-week trial that a witness had been challenged on what constituted consent.
Donovan, who took the stand first, said he and a group of teammates went to a local bar in the hours following the completion of their weekend series against the Lakehead Thunderwolves. A group of teammates, including Donovan, had gathered in a room of the hotel while the alleged victim and Ottawa player Taylor Collins were in the adjoining room.
He said he went in the room with the intention of joining in, telling the court Collins had asked the alleged victim whether she was OK with two, to which he said she responded yes. The three participated for a minute or two before Collins left the room, Donovan told the court.
Donovan testified he and the alleged victim continued to have sexual intercourse for four to five minutes before she asked him to stop.
Under cross-examination from Crown prosecutor Marc Huneault, Donovan acknowledged he had never met the alleged victim, had no prior interaction and knew nothing about her before entering the room.
Donovan said nothing was directly said between he and the alleged victim, adding he did not communicate that he was not using a condom.
Huneault asked Donovan how he would have thought the victim was able to consent.
“She was moving,” Donovan replied. “She was conscious.”
“So that’s your bar?” Huneault responded.
Donovan also said Foucher was in the room but did not have any physical contact with the alleged victim.
Foucher, who was the captain of the Gee-Gees at the time of the alleged incident, testified in the afternoon.
He admitted to being in the room while Donovan and the alleged victim were engaging in sexual activity, telling the court he was on the room’s other bed and hid between the bed and the wall when the lights were turned on.
Foucher, who testified that he was naked in the room, said his intent was to joke with Donovan and the complainant was not supposed to know he was in the room.
The complainant, whose identity is protected by a publication ban, had previously testified that two men engaged in sexual activity with her without her consent. She also said there was a total of four men in the room, including Collins.
Dougall Media utilized the services of an interpreter to aid in the translation of the testimony given in French.
