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The second “consent video,” in which E.M. is naked and holding a towel over her torso, begins with McLeod saying, “‘Say it,’” Cunningham says.
E.M. testified she didn’t remember the videos were recorded, but that when she watched them, it brought back a memory of McLeod “‘hounding’” her to say she had consented, and she said that to “‘get out of there,’” the lawyer reminds the judge.
He then says, “‘What else?’” and she says it was all consensual and that she was fine and enjoyed it.
McLeod was “directing” what E.M. should say, Cunningham argues.
“If she’s begging for sex, wouldn’t she say something like that?”
Saying, “‘It was fine, I enjoyed it,’ doesn’t reflect E.M.’s supposed enthusiasm for what took place,” Cunningham says.
McLeod texted E.M. on June 20, 2018, and told her to call the police and tell them her mom’s report of sexual assault was a “mistake,” another example of him “directing” her what to say, the Crown lawyer adds.