Group sex was McLeod’s idea and plan, Crown says

Here’s Cunningham’s fifth and final reason the judge should reject the defence theory E.M. was the one who wanted group sex on the night in question: the texts and other efforts McLeod made to invite other men into the room.

“He is telling 19 guys to come to his room for a three-way. It’s clear from this context that ‘three-way’ is short for group sexual activity,” Cunningham says. “He’s sending it to 19 people. He’s not vetting them.” When multiple men arrive, he doesn’t send them away, she adds.

McLeod texted the whole room to go to his room, he called Hart, and he went to get Katchouk from the hallway and knocked on Raddysh’s door, asking them to go to his room for sexual activity with E.M., Cunningham reminds the judge.

McLeod was basically trying to “drum up business,” she argues.

Cunningham also asks the judge to remember McLeod’s first text: “Who wants to be in a 3 way quick.”

“He’s not saying, ‘If you’re interested in a three-way, feel free to swing by whenever.’ He is communicating that there is some urgency to this. It’s a time-limited offer,” Cunningham says.

“He’s communicating that the window of opportunity for other players to engage in sexual activity with E.M. may not stay open very long.”

That’s because McLeod knew E.M. may not have stayed since their sexual encounter was over, and she had not asked him to get anyone else into the room, Cunningham says.

“He knows she doesn’t even know he has made the offer to his friends.”

McLeod’s actions are “not the actions of someone who is trying to facilitate a stranger’s wishes,” Cunningham says.

“These are the actions of a man who is personally invested in bringing men to engage in sex with E.M. It is his plan, his idea, just as E.M. said.”