Hoggard takes stand in sex assault trial, denies that he raped complainant
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.
Opening arguments are expected to get underway today in the sexual assault trial of Canadian musician Jacob Hoggard. 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
BREAKING Iran fires dozens of missiles into Israel as retaliation for killing of Hezbollah and Hamas leaders
Iran said it fired dozens of missiles into Israel on Tuesday, a sharp escalation of the monthslong conflict between Israel and the Iran-backed militias Hezbollah and Hamas.
Canada to impose 25 per cent surtax on select Chinese-made steel and aluminum products
Canada will be imposing a 25 per cent surtax on select imports of steel and aluminum from China, after unveiling its final list of impacted products on Tuesday.
At least 6 dead in suspected terror attack in Tel Aviv
At least six people were killed and nine wounded in a suspected shooting and stabbing terror attack in Tel Aviv on Tuesday, Israeli police said.
Protection against RSV coming soon for all infants in Ontario, Quebec, Nunavut
This fall and winter, Ontario, Quebec and Nunavut will offer the newer monoclonal antibody nirsevimab — approved by Health Canada in the spring of 2023 — to all babies going through their first RSV season.
Hoggard takes stand in sex assault trial, denies that he raped complainant
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.
Boris Johnson claims in memoir Queen Elizabeth II had bone cancer
Former British Prime Minister Boris Johnson has controversially broken royal protocol and claimed in his upcoming memoir that Queen Elizabeth II was suffering from bone cancer before her death.
John Amos, patriarch on 'Good Times' and an Emmy nominee for the blockbuster 'Roots,' dies at 84
John Amos, who starred as the family patriarch on the hit 1970s sitcom 'Good Times' and earned an Emmy nomination for his role in the seminal 1977 miniseries 'Roots,' has died. He was 84.
W5 Investigates Riding Mexico's notorious 'Train of Death': A migrant lifeline and a death trap
In the second part of a five-part series, W5's Avery Haines follows the journeys of migrants who risk life and limb to ride atop Mexican freight trains, desperate to avoid narco territory as they make their way towards the U.S. border.
Minimum wage in Ontario, Manitoba, Saskatchewan, P.E.I. increases
The minimum wage in four provinces is going up today.