Hoggard takes stand in sex assault trial, denies that he raped complainant
-- WARNING -- The following details of the sexual assault case may be disturbing, discretion is advised.
Canadian musician Jacob Hoggard took the stand in his sexual assault trial on Tuesday, denying that he raped his accuser and painting a dramatically different picture of their encounter eight years ago.
Wearing a dark suit, Hoggard told a jury that he and the complainant in the case had a consensual one-night stand in Kirkland Lake, Ont., after his then-band Hedley performed a show.
Justice Robin Tremblay, left to right, Assistant Crown Attorney Peter Keen, Crown Attorney Lilly Gates, Hoggard's lawyers Kally Ho, Megan Savard and Hoggard are shown in a courtroom sketch in Haileybury, Ont., Sept. 23, 2024. THE CANADIAN PRESS/Alexandra Newbould
As defence lawyer Megan Savard took him through his recollections of the encounter, she asked whether it had been consensual.
"Of course it was," he said.
She asked what about the sex allows Hoggard to now say so confidently that it was consensual.
"Well, she was as into it as I was," he said, adding that the complainant was positioned on top of him for "quite a bit" of the session.
"I remember her moaning and saying yes and a lot of kissing while she was on top of me."
The complainant, during four days of emotional testimony last week, had told a completely different story.
The Crown and defence agree that a sexual encounter between the two happened in Hoggard's hotel room following a bonfire the band hosted nearby after their concert.
Prosecutors are seeking to prove it was not consensual. The complainant, who repeatedly said she did not consent to the sex, was the Crown's only witness.
The woman, who was 19 years old at the time and whose name is protected by a publication ban, denied every suggestion during Savard's cross-examination that she wanted to have sex with Hoggard or that they had flirted beforehand.
- Download the CTV News app now
- Get local breaking news alerts
- Daily newsletter with the top local stories emailed to your inbox
On Tuesday, Savard showed the court a tour itinerary and had Hoggard mark the location of the bonfire, which he said he built, on a printed aerial photo of the hotel.
He said he arrived to build the fire with another band member before others arrived, contradicting the complainant's testimony that they were in a van together headed to the party.
He said he first noticed her sitting cross-legged by the fire, found her attractive and wanted to talk to her.
"At some point I had my hand on her leg, and I remember just laughing with her and joking around and kind of just flirting," he said.
"She seemed to be having a great time."
He said they exchanged phone numbers, and at one point, he texted her asking if she wanted to spend the night with him. Later, he said, they kissed and held hands.
Savard asked if he mentioned they would play music in his room or have "casual conversation," words the complainant used in her testimony to characterize his invitation to stay. He said no.
When they got into his hotel room, Hoggard said he played some songs on his guitar. His accuser had strongly denied that this could have happened.
He said they kissed before helping each other undress and then had sex. He denied that the woman struggled, that he hit or choked her, that he pinned her down, that she ever said she was uncomfortable and that he called her a "dirty little pig" as she had described in court.
He also denied telling her, as the complainant testified, that she shouldn't be concerned about sexually transmitted diseases because he "picks them young," or that she shouldn't worry about his girlfriend at the time finding out about it.
Hoggard testified that he and his now-wife were broken up at the time. Savard showed the jury several pieces of documentation suggesting that they weren't together.
That included an Instagram post his now-wife posted a couple of days before the Kirkland Lake show, with the caption: "And then she gave zero cares." Hoggard said he took this as a sign she was "moving on."
Savard also showed court a screenshot of an email that Hoggard's now-wife sent him several days after the concert, asking why he had changed his phone number.
The defence lawyer told the jury in her opening statement on Tuesday morning that she expected to call two more witnesses in her case -- both members of the crew who worked the Hedley concert that night. Savard suggested the two would contradict further elements of the complainant's account.
Hoggard, who told court he began working as a carpenter after Hedley broke up in 2018 and is now living "hand to mouth," was expected to continue his testimony later on Tuesday.
This report by The Canadian Press was first published Oct. 1, 2024.
Background
Jacob Hoggard was charged in 2022 for an alleged sexual assault in Kirkland Lake on June 25, 2016.
His former band had performed the night before at the small town's homecoming festival.
In December 2022, he elected to be tried by a jury rather than by a judge alone.
Fourteen jurors were selected Monday, including two alternates. The two alternates were dismissed as the testimony got underway.
Tremblay is presiding over the trial at the Haileybury courthouse.
The case is being prosecuted by Crown Attorney Lilly Gates and Assistant Crown Attorney Peter Keen while Hoggard is being defended by attorneys Megan Savard and Kally Ho.
Ontario Provincial Police Sgt. Dalton Crockett, the lead investigator in the case, is sitting behind the Crown attorney's table and expects to be present throughout the trial.
Hoggard stood up in court Monday morning and pled not guilty to the sexual assault charges.
CTVNews.ca Top Stories
opinion Tom Mulcair: Prime Minister Justin Trudeau's train wreck of a final act
In his latest column for CTVNews.ca, former NDP leader and political analyst Tom Mulcair puts a spotlight on the 'spectacular failure' of Prime Minister Justin Trudeau's final act on the political stage.
B.C. mayor gets calls from across Canada about 'crazy' plan to recruit doctors
A British Columbia community's "out-of-the-box" plan to ease its family doctor shortage by hiring physicians as city employees is sparking interest from across Canada, says Colwood Mayor Doug Kobayashi.
Baseball Hall of Famer Rickey Henderson dead at 65, reports say
Rickey Henderson, a Baseball Hall of Famer and Major League Baseball’s all-time stolen bases leader, is dead at 65, according to multiple reports.
Arizona third-grader saves choking friend
An Arizona third-grader is being recognized by his local fire department after saving a friend from choking.
New rules clarify when travellers are compensated for flight disruptions
The federal government is proposing new rules surrounding airlines' obligations to travellers whose flights are disrupted, even when delays or cancellations are caused by an "exceptional circumstance" outside of carriers' control.
Germans mourn the 5 killed and 200 injured in the apparent attack on a Christmas market
Germans on Saturday mourned the victims of an apparent attack in which authorities say a doctor drove into a busy outdoor Christmas market, killing five people, injuring 200 others and shaking the public’s sense of security at what would otherwise be a time of joy and wonder.
Albania to close TikTok for a year blaming it for promoting violence among children
Albania's prime minister said Saturday the government will shut down the video service TikTok for one year, blaming it for inciting violence and bullying, especially among children.
London Ont. Liberal MPs say that Trudeau is taking time to reflect on his future
Both of London’s Liberal MPs are choosing their words carefully when it comes to their party's leadership future. They were asked about the situation in Ottawa at Friday's housing announcement in London.
Music maker, 88, creates unique horn section, with moose antler bass guitar and cello
Eighty-eight-year-old Lorne Collie has been making musical instruments for more than three decades, creations that dazzle for their unique materials as much as their sound.