A woman accusing ex-Hedley frontman Jacob Hoggard of sexually assaulting her in a northern Ontario hotel room was in a “romantic situation†with him when she already had a boyfriend, the singer’s lawyer suggested during an emotional day of cross-examination at Hoggard’s ongoing trial on Friday.
The judge had to order two breaks in the morning alone as the complainant became visibly upset while being grilled by defence lawyer Megan Savard, who walked her through the minute details of what she told police about the alleged assault. At one point, the woman was sobbing loudly into her hands as jurors filed out of the courtroom at the Haileybury, Ont., courthouse; at another point, she cried and turned to face the wall away from the lawyers, quietly asking the judge for a break.Ìý
“I can see that she’s breaking down,†Crown attorney Peter Keen said as Superior Court Justice Robin Tremblay ordered a recess.Ìý
It was the fourth day on the stand for the complainant, whose identity is covered by a standard publication ban. She alleges that Hoggard sexually assaulted her — including slapping, choking, calling her a “pig†and urinating on her — in a Kirkland Lake hotel room in June 2016 when she was 19 years old.
She had spent time with the singer at a bonfire behind the hotel earlier in the evening after a Hedley concert, and testified that Hoggard invited her back to his room to play music and talk. Once in the room, she said Hoggard took out a guitar, but that instead of playing it, he quickly removed her clothes and raped her on the bed.Ìý
Hoggard has pleaded not guilty. He admits to having sexual contact with the woman, with the question of consent being the issue in dispute.Ìý
Savard inquired about the complainant’s finances on Friday; the woman testified she’s currently unemployed and on social assistance.Ìý
“You understand that if you could convince a civil court that he committed rape you could get quite a bit of money from him,†Savard put to her, to which the woman responded: “I don’t know that. How much money?â€
After having already suggested on Thursday that the woman wanted to have sex with Hoggard and is lying about other aspects of her account, Savard put to her on Friday that she was “skipping over†facts that could hurt her case, with the lawyer suggesting Hoggard actually did play some songs for the complainant on the guitar.
“Sounds pretty romantic,†Savard said. “You don’t want to admit to the jury that you were in a romantic situation with this man when you had a boyfriend.â€Ìý
To which the complainant repeatedly said “no,†and then, through tears: “Nothing about it was romantic or anything that I wanted.â€
The defence pointed out that there were lengthier than usual pauses from the complainant on Friday in response to some questions, which prompted Savard to ask her if she was on any medications that would affect her ability to understand what was being asked.
“No,†the woman said. “I’m having a hard day.â€
Savard also suggested that the complainant consented to having her clothes removed in the hotel room, and that she also allowed Hoggard to take a photo of her naked while holding the guitar.Ìý
“You’d agree if you were doing these things consensually, that would come pretty close to cheating on your boyfriend,†Savard said. “My suggestion is you’re sticking to this story of it being against your will because you don’t want to admit to the jury that that’s exactly what was happening.â€Ìý
“No,†the woman responded.
Savard further suggested that her account of how she was injured while being allegedly assaulted on the bed is “physically impossibleâ€; the woman said she was face down on the bed with Hoggard lying on top of her, slapping her and leaving her with a handprint on her buttocks and marks on the front of her thighs.
The complainant agreed with Savard that it would not be possible for someone to cause those injuries in the position she said Hoggard was in.Ìý
“But that is the story you are asking this jury to believe. You’re asking the jury to believe an impossible story,†Savard said. “The reality is you have no memory of the sex on the bed and you’re making it up as you go along.â€
Savard put to her it would also be physically impossible to be flipped over and choked for four minutes — as the woman testified — and not lose consciousness. And as for the marks on her neck that the woman testified she had to hide with makeup, Savard suggested that they were hickeys.Ìý
“Did you see your boyfriend in the next week?†the defence lawyer asked. “Do you recall if you were asked to explain any of the marks on your body to him?â€
The complainant said she didn’t recall.Ìý
Savard finally went through a number of inconsistencies in the complainant’s account; for instance, she told the CBC in an interview that she sought medical attention a few days after the alleged assault, but in her formal statement to police in 2022 she said she didn’t. She denied on the stand this week that she slept in the hotel room, while she told police that she fell asleep and woke up around check-out time.Ìý
“My final suggestion to you, ma’am, is that you packaged all of this together — details from the internet, assumptions you made, guesses you’re making — into a false story for the jury,†Savard said. “That’s what you’re doing today, and that’s why the events you’ve described are physically impossible.â€Ìý
Her testimony now complete, the complainant walked out of the courtroom in tears late Friday afternoon.Ìý
The trial continues Tuesday.
