Crown objects to questions she said donate to ‘rape misconception,’ accused, 49, denies wrongdoing
Warning: tale contains visual language and content that is disturbing.
A 48-year-old Regina girl has testified that exactly exactly just what began as a coffee date by having a charming gentleman ended with him driving her outside town restrictions and raping her nearly 3 years ago.
Gioulian Nikdima, 49, happens to be faced with intimate attack causing harm that is bodily.
Both testified Monday before Justice Fred Kovach at Saskatchewan Court of Queen’s Bench, with Nikdima doubting he did anything against her will and that she instigated sex.
The complainant, nevertheless, told Kovach that she felt terrified whilst still being suffers flashbacks that are daily.
“we feel it really is my fault, but we said no. i recall saying no,” testified the lady, that is maybe maybe maybe not being identified due to a book ban.
All i possibly could consider is, ‘Dear God, it will likely be over soon.’
– Alleged rape target
A intimate attack nursing assistant examiner, Stephanie Carlson, told the court she seen an external anal injury as large as the one found on this woman that she has conducted more than 600 rape exams, and only once before has.
A ‘promising’ date
In 2016, the girl received an email from “gioulian1869” regarding the online dating app Plenty of Fish. She was told by him he ended up being a divorced daddy known as John.
After a week of communications, they decided to fulfill 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 was sweet.
“It felt good become around somebody who desires to be described as a gentleman. That does not happen much these times,” she stated, in line with the court transcript.
She ended up being interested in 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 shared with her, “‘Don’t worry, it is not about intercourse. I am perhaps perhaps maybe not to locate intercourse.'”
Their one-hour coffee date went very well which he invited her to keep on for meal at Lancaster’s in Harbour Landing, within the southwest part of Regina. They took their BMW sports utility car.
“It felt promising,” she said.
Then again, in accordance with her testimony, the date took an awful, violent change.
‘we felt frozen’
After meal, with regards to had been time for him to push her returning to her vehicle, he drove south on Lewvan Drive out from the town. She thought he had been lost. Then, she stated, she was told by him, “‘We’ll increase right here and go with a little bit of a stroll. It is a pleasant day.'”
When they had been beyond your vehicle, he kissed her. She stated the very first kiss had been fast, then again he became “very forceful.”
“He began getting, and pulling and twisting within my breasts,” she told the court. “He said, ‘Do for you to do it when you look at the ditch or into the straight back seat of their automobile?’ And I also stated, ‘No, simply can I am taken by you to your car or truck, and, like, this will be too quickly, it is not the things I’m interested in.'”
She stated he responded, “‘It’s OK, it is okay.'”
The girl testified that she would not feel safe.
“I felt really frightened . I am maybe perhaps perhaps not in good physical shape. I didn’t think i possibly could run.”
As he guided her to your back seat, she stated she planned to leap in, grab her bag from the passenger-side front chair, then jump out of the other part home and obtain away. However the door would not start, she testified, and she destroyed her escape path.
After that, she described exactly just how he yanked down her jeans and forcibly penetrated her vaginally, pushed her face down seriously to perform sex that is oral then penetrated her anally.
“I felt frozen,” the woman testified.
“we could not fight. I became afraid to battle, because he had been more powerful than i will be. And there is actually no space to fight,” she stated. “All i really could think about is, ‘Dear Jesus, it will be over soon.'”
Later, she stated, he handed her a muscle and informed her to wash by herself. She said he launched their sunroof and had a laugh on his face. She had bloodstream on her face where her mind had banged over and over over and over repeatedly resistant to the home. Then, she said, she was thanked by him to be their bithday present.
Once the girl got house, she quickly removed her an abundance of Fish profile, and filled her bath tub with “any cleansing chemical” she may find and scrubbed her body.
Girl did her own detective work
The girl daughter convinced her to attend a healthcare facility, as well as on the Monday night, she went for the rape exam, where nurses reported bruises and lacerations. a police went to during the hospital, but do not simply simply just take her declaration straight straight back in the place that evening because it had been late and snowing. She provided a videotaped statement to RCMP at White Butte detachment following the officer had been right right back on change, on Wednesday, March 23.
The lady told the court that monitoring their footprint that is digital made feel safer, but she has also been concerned “he had been still on the market, and may hurt another person.”
Adding to ‘rape urban myths’
During cross-examination, Nikdima’s attorney, Barry Nychuk, attempted to poke holes when you look at the woman’s testimony. Senior Crown prosecutor Randene Zielke objected, saying Nychuk’s concerns had been leading to the “rape myth” вЂ” prejudicial or false values about intimate assault victims that prove to undermine their credibility.
Nychuk asked the lady why she don’t cry while she responded RCMP concerns on recorded movie.
The lady had cleaned rips away. Nevertheless, the court was told by her, “I became in surprise and I also do not think i really could cry.”
Nychuk asked about just exactly just how several times she stated no to your accused and exactly why she did not battle.
“You allow him do so. That’s you consenting,” Nychuk said.
“I could not move,” the woman responded.
“You had been frozen?” Nychuk asked.
“I became frozen. I possibly couldn’t push away, I really couldn’t talk,” the lady stated.
A little later on, the defence attorney stated, “You might have simply relaxed, real. You might have resisted?”
The lady responded, “I became simply attempting to endure.”
Nychuk additionally asked the lady why she did not instantly phone authorities.
“you phone the police that day? if it was so horrific, why anastasia-date.review/passion-com-review didn’t”
Zielke, the prosecutor, stated that type of questioning added to “rape misconception” and conclusions that the Supreme Court has considered unsatisfactory.
“It is our viewpoint it is centered on fables and stereotypes of just exactly how victims of intimate attack behave,” Zielke stated.
Nychuk additionally pursued questions regarding your ex weight вЂ” that she had been 70 pounds heavier than the accused вЂ” while the model of her scream.
The woman was asked to re-enact her scream in the police interview. Nychuk recommended it may have now been misinterpreted as a “pleasure scream.”
She responded, “we can not imagine anybody convinced that.”
Nikdima accuses woman of envy
The accused testified in his own defence on Monday afternoon.
Nikdima came to be in Albania and invested the majority of his adult years in Greece before immigrating to Canada in 2013. With a Greek translator at their part, the court was told by him, “My English just isn’t good.”
Nikdima provided a version that is dramatically different of date as compared to girl. He insisted the lady instigated everything, like the stroll beyond your town, then dental, genital and sex that is anal the car.