【新闻麻辣烫】加拿大冰球"五虎将"性侵案惊天逆转！法官一锤定音：证据不足全无罪！原告小姐姐当庭崩溃，被告球员如释重负——这场持续八周的"罗生门"大戏，最终以"记忆不可靠""视频会微笑"的神逻辑收场。冰球协会3.5亿加元和解金算是白给了？（吃瓜群众：这判决书怕不是用冰球棍写的吧？）
Five ice hockey players found not guilty in Canada sexual assault case
加拿大冰球运动员性侵案五被告均被判无罪
53 minutes ago Share Save Nadine Yousif BBC News, London, Ontario Share Save
（本文发布于53分钟前 BBC安大略省伦敦市记者纳丁·尤西夫报道）
Reuters From left to right: Michael McLeod, Alex Formenton, Carter Hart, Dillon Dube, Cal Foote
（路透社图片从左至右）迈克尔·麦克劳德、亚历克斯·福门顿、卡特·哈特、狄龙·杜贝、卡尔·富特
Five Canadian ice hockey players accused of sexually assaulting a woman have all been acquitted by an Ontario judge in a case that has been closely watched in Canada. In a packed courtroom on Thursday, Justice Maria Carroccia reviewed testimony and evidence from the eight-week trial over several hours before declaring the men not guilty. The former players for Canada's world junior hockey team were accused of assaulting the woman, known as EM, in a hotel room in 2018 in London, Ontario, where they had been attending a Hockey Canada gala. Justice Carroccia said she did not find EM's evidence"credible or reliable", and that"the Crown cannot meet its onus on any of the counts".
加拿大五名冰球运动员被控性侵案迎来戏剧性转折——安大略省法官当庭宣判所有被告无罪。周四的法庭座无虚席，玛丽亚·卡罗西亚法官经过数小时审议八周庭审的证词证据后，宣布五名被告罪名不成立。这五名前加拿大青年冰球队队员被指控在2018年参加冰球加拿大晚宴期间，于安大略省伦敦市酒店房间性侵化名EM的女子。法官直言EM的证词"不可信不可靠"，"检方未能完成任何一项指控的举证责任"。
The players are Michael McLeod, Dillon Dube, Cal Foote, Alex Formenton and Carter Hart, and all were with the National Hockey League (NHL) when the allegations surfaced, although one was playing in Europe. In a statement on Thursday, the league said they remain"ineligible" to playin the NHL pending a review of the judge's findings. The players declined to speak to the media after the decision and their lawyers each offered statements on their behalf. Lawyer David Humphrey, who represented Mr McLeod, said that his client is relieved."For years, public perception was shaped by a one-sided narrative", Mr Humphrey said, adding that the damage to Mr McLeod's career and reputation"has been significant". Lawyer Karen Bellehumeur, speaking on EM's behalf, said the woman had tuned in to Thursday's hearing virtually and was"very disappointed" with the judge's assessment of her credibility."When a person summons the courage to disclose their story, the worst possible outcome is to feel disbelieved," said Ms Bellehumeur.
五名球员分别是麦克劳德、杜贝、富特、福门顿和哈特，指控曝光时均效力于北美职业冰球联盟（NHL），其中一人当时在欧洲打球。NHL周四声明称在评估判决结果期间，五人仍"不具备参赛资格"。宣判后球员们拒绝接受采访，由其律师代为发声。麦克劳德的代理律师戴维·汉弗莱称当事人"如释重负"，表示"多年来的片面叙述扭曲了公众认知"，对其职业生涯和声誉造成"重大损害"。EM的代理律师卡伦·贝勒米尔透露，当事人通过视频旁听了庭审，对法官质疑其可信度"极度失望"："当一个人鼓起勇气说出真相，最糟的结果就是不被信任。"
The central issue of the trial was whether EM, who was 20 at the time of the incident, had consented to every sexual act in the hotel room that night. Court heard that the woman had met the players at a bar and later went back to the hotel room to have consensual sex with Mr McLeod. Other players then entered the room and engaged in further sexual acts with her. Lawyers for the players contended that she asked the men to have sex with her and they believed she gave consent. EM, however, testified that she was intoxicated and felt fearful of the men. While she had initially agreed to have sex with Mr McLeod, she testified that she did not agree to what unfolded afterwards. Only one player, Mr Hart, testified in his own defence.
本案核心争议是时年20岁的EM是否同意当晚酒店房间内的所有性行为。法庭获悉EM在酒吧结识球员后，曾自愿与麦克劳德发生关系，随后其他球员进入房间继续与她发生关系。被告律师坚称是EM主动邀约且球员确信获得同意，但EM作证称自己当时醉酒且恐惧，虽最初同意与麦克劳德发生关系，但未同意后续行为。五名球员中仅有哈特出庭自辩。
The trial attracted significant attention in Canada. Many people had attended court to hear the ruling on Thursday, forcing clerks to open two additional overflow rooms. Some of the players appeared visibly relieved in Thursday's hearing after Justice Carroccia revealed that she was not convinced with EM's testimony.
这场审判在加拿大引发巨大关注。周四众多民众挤爆法庭，工作人员不得不增设两个分流法庭。当法官表示不采信EM证词时，部分球员明显松了口气。
Reuters
（路透社图片）
In explaining her ruling, Justice Carroccia pointed to irregularities in EM's testimony, including about who had bought drinks that night, and said her statements reflected an"uncertain memory" that did not line up with evidence presented in the trial. The judge added that there were differences in what the woman told police investigators and those for Hockey Canada, which settled a C$3.5m ($2.5m; £1.9m) lawsuit with her for an undisclosed sum in 2022.
法官在判决解释中指出EM证词存在矛盾，包括当晚谁购买酒水等细节，认为其陈述反映"记忆不确定"且与庭审证据不符。法官还提到EM向警方和冰球加拿大陈述存在差异——该机构2022年曾以未公开金额了结其3500万加元的诉讼。
Two videos from the incident were shared in the trial, where EM was recorded giving her consent to the activities. The first was taken without her knowledge. While under Canadian law the videos did not establish consent, the judge said they did show EM"speaking normally, smiling", and that she"did not appear to be in distress". That undercut the Crown's argument that EM did not leave the room out of fear, she said. It is unclear if the Crown will appeal. Prosecutor Meaghan Cunningham said her team will carefully review the decision. She added they had received"dozens of messages from people across Canada and abroad" expressing support for EM.
庭审展示的两段视频中，EM均表示同意性行为（第一段系偷拍）。法官指出虽然视频依法不能证明同意，但显示EM"说话正常、面带微笑"，"未见痛苦状态"，削弱了检方关于EM因恐惧未离开房间的论点。检方尚未决定是否上诉，检察官坎宁安称将仔细研究判决，并透露收到"加国内外数十条支持EM的信息"。
"A successful prosecution is not measured solely by whether there are guilty verdicts at the end," she said."The Crown's goal throughout this proceeding has been to see a fair trial, a trial that is fair to the men charged, and one that is also fair to EM."
"成功的公诉不只以定罪为衡量标准，"她表示，"检方始终追求公平审判——既对被告公平，也对EM公平。"
Throughout the trial, the Crown argued the woman's testimony was credible, that"intoxication does not equal unreliability" and that any inconsistencies in her testimony were minor. They also argued the woman did not have a motive to fabricate a story and that she had initially reported the alleged assault to police in 2018, four years before filing the lawsuit against Hockey Canada. They added that text messages between the players allegedly showed it was Mr McLeod's idea to invite his teammates to the room and that the players allegedly engaged in"getting their story straight" by drafting a narrative that EM had consented to all sexual activity. Justice Carroccia dismissed that argument, saying the players were"recounting their recollections" of what unfolded.
检方始终主张EM证词可信，"醉酒不等于不可靠"，矛盾之处均属细枝末节，并强调EM无虚构动机，早在2018年就向警方报案（比起诉冰球加拿大早四年）。检方还指球员短信显示是麦克劳德提议邀请队友进屋，且他们通过统一说辞串供。法官驳回了这一论点，认为球员只是在"复述事件经过"。
