Alex Formenton next on Crown’s list

WARNING: This post contains graphic details.

Donkers’s arguments now focus on Formenton, who court has heard had sex with E.M. in the bathroom.

“She went into the bathroom, he followed her, he bent her over, put his penis in her vagina, removed the condom and ejaculated into her mouth,” Donkers says. “She said she wasn’t thinking of it as a choice. It felt to her like a continuation of what was already going on.”

There is a long exchange between the judge and Donkers about how to take the different accounts of what happened right before they went into the bathroom and what they might mean for consent.

Formenton told police in 2018 he didn’t want to have sex in front of the other guys, so when she says something like, “‘Is anyone going to bang me?’” he says he won’t do it in front of the other guys, and she walked to the bathroom and he followed her.

“Mr. Formenton says what happened was consensual. Even if he sincerely believes that, doesn’t make it true,” Donkers says.

Donkers admits there is some ambiguity, but reminds the judge that Howden testified Formenton asked him something like, “‘Am I OK to do this?’” which shows that he was not quite sure that what was about to happen was consensual.

There were also no words exchanged between the two in the bathroom to confirm consent, Donkers says.