EDITORIAL – Acquittal of hockey players will renew debate over ‘consent’

An editorial by Mel Rothenburger.

NOBODY WAS GOING TO ‘WIN’ in the case of the five Canadian hockey players charged with assaulting a woman in a hotel room in 2018.

Had they been convicted, there would have been claims that they were victims of stereotyping, trial by media, and rush to judgment. But all five were acquitted today (July 24, 2025), so the claims instead are that the system failed a victim.

This is a tragic case. The accuser testified for nine long days, and her supporters will say she had no reason to do anything but state the truth in hopes of getting justice. They’ll say the judge should have “believed the victim.”

But automatically believing an alleged victim’s recollection of events doesn’t necessarily blaze a path to justice. Testimony must be dissected, “facts” as presented must be challenged.

This time, the judge found the woman’s version of events to be inconsistent and questionable. The entire case revolved around whether the sexual encounter with the hockey players was consensual.

“In this case, I have found actual consent,” Justice Maria Carroccia of the Ontario Court of Justice concluded. “I do not find the evidence of E.M. (a reference to the complainant) to be either credible or reliable.”

If this case is truly a setback for women’s rights, it’s not the fault of the judge. The complainant’s claims failed to be convincing because of her own testimony, and the Crown lawyers failed to prosecute their case effectively enough or, perhaps, didn’t have what they needed to achieve a guilty verdict.

There’s nothing to celebrate with this result. The players will continue to be viewed as rapists by a large segment of the population thanks to the intensity of media coverage. The woman, whatever one might think of her claims, will no doubt be devastated.

And the debate over what “consent” means will certainly be renewed.

Mel Rothenburger is a former regular contributor to CFJC-TV and CBC radio, publishes the ArmchairMayor.ca opinion website, and is a recipient of the Jack Webster Foundation Lifetime Achievement Award, and a Webster Foundation Commentator of the Year finalist. He has served as mayor of Kamloops, school board chair and TNRD director, and is a retired daily newspaper editor.  He can be reached at mrothenburger@armchairmayor.ca.