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.
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.
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.
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