One of the two former University of Ottawa hockey players accused of sexually assaulting a woman testified in his own defence Thursday, telling court he and the complainant engaged in consensual sex and that “she didn’t say no.”
Guillaume Donovan and David Foucher are facing sexual assault charges in relation to an alleged incident at a Thunder Bay hotel in 2014. They were in town with the University of Ottawa hockey team, the Gee-Gees, at the time.
The complainant has previously testified she was having consensual sex with one member of the team, when another two players entered the room and initiated sexual contact without her consent. Her identity is protected by a publication ban.
Donovan, 27, began testifying in French Thursday morning in a Thunder Bay courtroom and finished early in the afternoon. He faced the judge as he responded to questions from his lawyer, Christian Deslauriers.
Donovan said he saw and heard his roommate having sex with a woman when he returned to their hotel room on the night of the alleged assault. He then entered an adjoining room to chat with other Gee-Gees players.
‘It was all consensual’
Donovan testified he eventually decided to go to bed and returned to his room, where his roommate and the woman were still having sex. As Donovan got undressed, he became sexually aroused and approached their bed.
His roommate asked the woman if she was “OK for two,” Donovan told court, and she agreed.
He said she began to perform oral sex as his roommate continued to have sex with her. Donovan said after his roommate got off the woman, he took his place.
“The entire time I was with her she had her eyes open and was looking at me,” Donovan said in French.
Donovan told court it ended when another Gee-Gees player entered the room, naked except for a pair of boots. The woman noticed and signalled for Donovan to stop.
“As soon as she indicated she wanted to stop, I stopped. It was all consensual with her,” Donovan said, telling court he turned on the lights for her as she gathered her things.
Donovan said he did not see the other accused player, Foucher, until he noticed him naked in the room when the lights were turned on.
Crown attacks judgment of accused
The Crown and Donovan were talking over each other at times, during a tense cross-examination, prompting Justice Chantal Brochu to intervene.
Crown lawyer Marc Huneault raised his voice at times as he asking Donovan repeatedly about what he was thinking that night when he began having sex with the woman without talking to her first.
“She didn’t push back and we were looking at each other,” Donovan said in French, repeating that she had agreed to sex with two men when his roommate had asked her.
Donovan said he didn’t ask the woman or his roommate directly to establish consent.
Consciousness no bar, Crown argues
Donovan agreed with the Crown’s suggestions that he had no way of assessing the woman’s state of mind, and no way of knowing how much alcohol she had consumed.
“She was conscious,” Donovan said.
“That’s the bar for respecting women? She’s conscious?” Huneault shot back.
Donovan told court he did not wear a condom at the time. Huneault pressed him on whether he knew what kind of contraception the woman had been using and Donovan said he had no way of knowing.
Huneault said having sex without a condom requires specific consent and, asked if by having unprotected sex with a stranger Donovan had demonstrated poor judgment.
“I could have had better judgment,” Donovan said.