Crown objects to questions she stated donate to ‘rape misconception,’ accused, 49, denies wrongdoing
Warning: tale contains visual language and distressing content.
A 48-year-old Regina girl has testified that exactly just just what began being a coffee date with a charming gentleman ended with him driving her outside town restrictions and raping her nearly 36 months ago.
Gioulian Nikdima, 49, happens to be faced with intimate attack causing physical damage.
Both testified Monday prior to Justice Fred Kovach at Saskatchewan Court of Queen’s Bench, with Nikdima doubting he did anything against her will and that she instigated having sex.
The complainant, but, told Kovach that she felt terrified whilst still being suffers flashbacks that are daily.
“we feel just like it really is my fault, but we said no. i recall saying no,” testified the girl, who’s perhaps not being identified due to a book ban.
All i possibly could think about is, ‘Dear Jesus, it will likely be over soon.’
– Alleged rape target
A intimate attack nursing assistant examiner, Stephanie Carlson, told the court that she’s conducted a lot more than 600 rape exams, and just as soon as before has she seen an outside anal injury since big as usually the one entirely on this girl.
A ‘promising’ date
In 2016, the lady received an email from “gioulian1869” in the online dating app Plenty of Fish. She had been told by him he ended up being a divorced daddy called John.
After a week of communications, they decided to satisfy on saturday, march 19, at 11 a.m. for coffee during the french press cafГ© on south albert road.
The girl told the court that Nikdima insisted on spending money on coffee and she thought it had been sweet.
“It felt good become around somebody who desires to be considered a gentleman. It doesn’t take place much these full times,” she said, in accordance with the court transcript.
She ended up being in search of a full wife, but he stated he had been interested in casual relationship. The only time intercourse arrived up in discussion, she stated, ended up being as he informed her, “‘Don’t worry, it isn’t about sex. I’m perhaps maybe maybe not hunting for intercourse.'”
Their one-hour coffee date went very well her to continue on for lunch at Lancaster’s in Harbour Landing, in the southwest corner of Regina that he invited. They took their BMW sports utility automobile.
“It felt promising,” she stated.
Then again, in accordance with her testimony, the date took an awful, violent change.
‘I felt frozen’
After meal, with regards to had been time her back to her car, he drove south on Lewvan Drive out of the city for him to drive. She thought he had been lost. Then, she stated, she was told by him, “‘We’ll rise right here and go with a little bit of a stroll. It really is a pleasant time.'”
When they had been beyond your motor vehicle, he kissed her. She stated the very first kiss ended up being quick, then again he became “very forceful.”
“He began getting, and pulling and twisting within my breasts,” she told the court. “He stated, ‘Do you should do it into the ditch or into the back chair of their vehicle?’ and I also stated, ‘No, simply can I am taken by you to your car or truck, and, like, this might be too quickly, this is simply not the things I’m hunting for.'”
She stated he responded, “‘It’s okay, it is okay.'”
The lady testified that she failed to feel safe.
“I felt extremely afraid . I am perhaps maybe maybe not in good physical shape. I did not think i really could run.”
Her to the back seat, she said she planned to jump in, grab her purse off the passenger-side front seat, then hop out the other side door and get away when he guided. Nevertheless the hinged home would not start, she testified, and she destroyed her escape route.
After that, she described just how he yanked down her jeans and forcibly penetrated her vaginally, pushed her face right down to perform sex that is oral then penetrated her anally.
“we felt frozen,” the woman testified.
“we could not fight. I happened to be frightened to battle, because he had been more powerful than i will be. And there was clearly actually no space to fight,” she stated. “All i really could think about is, ‘Dear Jesus, it will likely be over quickly.'”
Afterwards, she stated, he handed her a muscle and informed her to completely clean by herself. She stated he started their had and sunroof a look on their face. She had bloodstream on the face where her mind had banged over repeatedly contrary to the home. Then, she stated, he thanked her if you are their personal gift.
If the girl got house, she quickly deleted her loads of Fish profile, and filled her bath tub with “any cleansing chemical” she can find and scrubbed her body.
Girl did her detective that is own work
Your ex daughter convinced her to attend a medical facility, as well as on the evening, she went for a rape exam, where nurses documented bruises and lacerations monday. a police went to during the medical center, but do not just just simply take her declaration straight straight straight back during the place that because it was late and snowing evening. She offered a videotaped statement to RCMP at White Butte detachment following the officer ended up being right right back on change, on Wednesday, March 23.
The girl told the court that monitoring their electronic footprint made her feel safer, but she has also been concerned “he was still on the market, and could harm another person.”
Leading to ‘rape fables’
During cross-examination, Nikdima’s attorney, Barry Nychuk, attempted to poke holes within the female’s testimony. Senior Crown prosecutor Randene Zielke objected, saying Nychuk’s concerns had been causing the “rape myth” — prejudicial or beliefs that are false intimate assault victims that prove to undermine their credibility.
Nychuk asked the lady why she did not cry while she responded RCMP questions on recorded movie.
The girl had cleaned rips away. But, the court was told by her, “I became in surprise and I also do not think i possibly could cry.”
Nychuk inquired about just just exactly how several times she stated no to your accused and just why she did not battle.
“You allow him take action. That’s you consenting,” Nychuk said.
“I could not move,” the woman replied.
“You had been frozen?” Nychuk asked.
“I happened to be frozen. I possibly couldn’t push away, I really couldn’t talk,” the girl stated.
A little later on, the defence attorney said, “You might have simply relaxed, real. You might have resisted?”
The girl replied, “I became simply attempting to endure.”
Nychuk additionally asked the lady why she did http://meetmindful.net/fdating-review/ not instantly phone authorities.
“If it abthereforelutely was so horrific, why did you not mobile the police that time?”
Zielke, the prosecutor, stated that type of questioning added to “rape misconception” and conclusions that the Supreme Court has considered unsatisfactory.
“It is our opinion that it’s predicated on fables and stereotypes of just exactly how victims of intimate attack behave,” Zielke stated.
Nychuk also pursued questions regarding your ex weight — that she had been 70 pounds heavier than the accused — in addition to form of her scream.
The woman was asked to re-enact her scream in the police interview. Nychuk recommended it might have already been misinterpreted as a “pleasure scream.”
She responded, “we can not imagine anybody convinced that.”
Nikdima accuses girl of envy
On Monday afternoon, the accused testified inside the very own defence.
Nikdima was created in Albania and invested nearly all of his adult years in Greece before immigrating to Canada in 2013. By having a Greek translator at their part, the court was told by him, “My English is certainly not good.”
Nikdima provided a version that is dramatically different of date as compared to girl. He insisted the lady instigated everything, such as the stroll beyond your town, then dental, genital and sex that is anal the automobile.