Jury begins deliberations in Jacob Hoggard's sexual assault trial
-- WARNING -- The following details of the sexual assault case may be disturbing, discretion is advised.
The jury tasked with determining if Canadian musician Jacob Hoggard sexually assaulted a young woman in northeastern Ontario eight years ago began deliberating Friday after nearly two weeks of testimony that saw the singer and his accuser give starkly different accounts of what happened.
The former Hedley frontman has pleaded not guilty to sexual assault in the June 25, 2016 encounter that took place in Kirkland Lake, Ont.
Both the Crown and defence agree that a sexual encounter took place in Hoggard's hotel room that night after a concert and bonfire after-party, meaning the case has centred on the question of consent.
The complainant and the singer both took the stand during the trial. The woman, whose identity is protected under a standard publication ban, was the Crown's only witness.
The complainant, who was 19 at the time, says Hoggard raped, choked, hit and urinated on her, and called her names like "dirty little piggy."
Hoggard said they flirted all night, then had a consensual one-night stand.
In his final instructions Friday, Ontario Superior Court Justice Robin Tremblay told jurors that in order to find Hoggard guilty, they must believe beyond a reasonable doubt that the complainant did not consent to the specific sexual activity she said occurred, and that Hoggard knew she did not consent.
Consenting to one sexual act does not mean consent is given for any or all other acts, and silence, submission or lack of resistance do not signify consent, he explained Friday. Nor does following Hoggard to his hotel room indicate consent, he added.
If the jury believes Hoggard's testimony, or it leaves them with a reasonable doubt, they must acquit him, Tremblay said.
Even if they do not believe Hoggard and his testimony does not leave them with a reasonable doubt, they must find him not guilty unless the rest of the evidence convinces them beyond a reasonable doubt that the complainant did not consent and he knew she did not consent, the judge said.
Jurors, consisting of three men and nine women, were sent to start deliberations shortly before 1 p.m. Oct. 4.
Lawyers for the Crown and the defence each made a final pitch to the jury on Thursday.
- Download the CTV News app now
- Get local breaking news alerts
- Daily newsletter with the top local stories emailed to your inbox
Defence lawyers for the singer suggested Thursday the woman lied about the nature of the encounter to cover up her infidelity and preserve her relationships with her boyfriend and family.
They further argued her account of what happened that night was rife with inconsistencies, with several details changing over time.
Prosecutors argued the woman had no reason to lie, noting there was no evidence the people in her life were aware of the incident, aside from a cousin who accompanied her to the concert.
The Crown disputed some of the alleged inaccuracies in her testimony, including details about the vehicle she rode in on her way to the bonfire.
Prosecutor Peter Keen acknowledged there were some inconsistencies on "peripheral details" of her account but argued she remained "unshaken" on the core elements of her allegations.
Most of this report by The Canadian Press was first published Oct. 4, 2024.
Background
Hoggard was charged in 2022 with sexual assault in relation to an incident that allegedly occurred in Kirkland Lake, Ont., on June 25, 2016.
He performed with his band Hedley at the Kirkland Lake Homecoming festival the day before the alleged incident.
Superior Court Justice Robin Tremblay is presiding over the trial at the Haileybury courthouse in Temiskaming Shores.
The trial is expected to last seven days, but two weeks have been set aside.
Hoggard is being defended by attorneys Megan Savard and Kally Ho.
Throughout the proceedings, the accused can be seen sitting at a table next to his legal team wearing a black suit, white dress shirt and black tie.
He pleaded not guilty to the charge against him Monday.
The case is being prosecuted by Assistant Crown Attorney Peter Keen and Crown Attorney Lilly Gates.
Hoggard was the lead singer of the rock band Hedley until 2018 when the band announced it went into an indefinite hiatus.
CTVNews.ca Top Stories
Former finance minister Bill Morneau questions if it's the 'right time' for emissions cap following Trump re-election
Following the re-election of former U.S. president Donald Trump, former finance minister Bill Morneau says the Canadian government should re-evaluate the timing of some cornerstone Liberal policies.
Tornado touched down Sunday in Fergus, Ont., experts confirm
A team of tornado experts are investigating a path of damage through Wellington County.
Canada cancels automatic 10-year multiple-entry visas, tightens rules
Canada has announced changes to their visitor visa policies, effectively ending the automatic issuance of 10-year multiple-entry visas, according to new rules outlined by Immigration, Refugees and Citizenship Canada.
Biden and Harris appear together for the first time since she lost the election to Trump
U.S. President Joe Biden and Vice-President Kamala Harris on Monday made their first joint appearance since her U.S. selection loss when they observed Veterans Day together by laying a wreath at the Tomb of the Unknown Soldier.
'I get goosebumps': Canadians across the country mark Remembrance Day
Across Canada, dignitaries marked Remembrance Day by laying wreaths at ceremonies, school children sang in the late fall chill and veterans recalled the horrors of battle.
Alien-like signal from 2023 has been decoded. The next step is to figure out what it means
If Earth's astronomical observatories were to pick up a signal from outer space, it would need an all-hands-on-deck effort to decipher the extraterrestrial message. A father-daughter team of citizen scientists recently deciphered the message. Its meaning, however, remains a mystery.
Mattel says it 'deeply' regrets misprint on 'Wicked' dolls packaging that links to porn site
Toy giant Mattel says it 'deeply' regrets an error on the packaging of its 'Wicked' movie-themed dolls, which mistakenly links toy buyers to a pornographic website.
Trump names Stephen Miller to be deputy chief of policy in new administration
U.S. President-elect Donald Trump is naming longtime adviser Stephen Miller, an immigration hard-liner, to be the deputy chief of policy in his new administration.
What to know about avian flu after B.C. case, from transmission to symptoms
A B.C. teen has a suspected case of H5N1 avian flu — the first known human to acquire the virus in Canada.