The men say they were uncomfortable with E.M.’s alleged sexual aggression and most of them didn’t want to do anything sexual with E.M. because they had girlfriends, Cunningham reminds the judge. But they didn’t allow her to leave the hotel room, she adds.

“If no one wants to do stuff with her, why not just let her leave” when she puts her clothes on, Cunningham argues.

Instead of doing nothing and letting her leave, they convince her to stay (according to testimony from E.M., and statements by Hart, Howden and McLeod), the Crown adds.

“The totality of the evidence paints a really clear picture that she is upset, she’s trying to leave, and they are taking steps to keep her in the room.”

“The only reasonable inference is that they are doing that because they want her to stay. They are the ones who want the sexual activity in the room to continue. There’s no other reasonable inference.”

Howden said to police in 2018 that he heard E.M. “weeping,” Cunningham reminds the judge.