Crown objects to questions she said donate to ‘rape misconception,’ accused, 49, denies wrongdoing
Warning: geschichte contains visual language and content that is disturbing.
A 48-year-old Regina girl has testified that exactly exactly what started being a coffee date with a gentleman that is charming 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 physical damage.
Both testified Monday prior to Justice Fred Kovach at Saskatchewan Court of Queen’s Bench, with Nikdima denying he did anything against her will and that she instigated sex that is having.
The complainant, but, told Kovach that she felt terrified but still suffers day-to-day flashbacks.
“I feel it is my fault, but we said no. i recall saying no,” testified the lady, that is perhaps perhaps not being identified due to a book ban.
All i really could consider is, ‘Dear Jesus, it will 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, a message was received by the woman https://besthookupwebsites.org/huggle-review/ from “gioulian1869” in the online dating app Plenty of Fish. She had been told by him he was a divorced daddy called John.
Following a week of communications, they consented to fulfill on saturday, march 19, at 11 a.m. for coffee during the french press cafГ© on south albert street.
The girl told the court that Nikdima insisted on spending money on coffee and she thought it had been sweet.
“It felt nice become around somebody who would like to be considered a gentleman. That does not take place much these full times,” she stated, based on the court transcript.
She was to locate a full wife, but he stated he had been keen on casual relationship. The only time intercourse arrived up in discussion, she stated, was as he shared with her, “‘Don’t worry, it is not about intercourse. I am perhaps maybe maybe not trying to find 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 his BMW recreations utility car.
“It felt promising,” she stated.
However, based on her testimony, the date took a terrible, violent change.
‘we felt frozen’
After meal, with regards to was 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, he informed her, “‘We’ll increase right here and try using a bit of a stroll. It really is a great time.'”
After they had been outside of the motor vehicle, he kissed her. She stated the kiss that is first fast, then again he became “very forceful.”
“He began getting, and pulling and twisting within my breasts,” she told the court. “He stated, ‘Do for you to do it within the ditch or into the straight back chair of his automobile?’ And I stated, ‘No, just can I am taken by you to your car or truck, and, like, that is too quickly, it is not the thing I’m interested in.'”
She stated he responded, “‘It’s okay, it really is okay.'”
The lady testified that she failed to feel safe.
“I felt really frightened . I am 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 home would not open, she testified, and she destroyed her escape path.
After that, she described exactly 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.
“we felt frozen,” the woman testified.
“we couldn’t fight. I happened to be frightened to battle, than I am because he was stronger. And there is really no room to battle,” she stated. “All i possibly could think about is, ‘Dear Jesus, it will be over quickly.'”
Later, she stated, he handed her a muscle and informed her to wash herself. She stated he launched their sunroof and had a laugh on their face. She had bloodstream on her behalf face where her mind had banged over over and over repeatedly contrary to the home. Then, she said, he thanked her to be their bithday present.
As soon as the girl got house, she quickly removed her an abundance of Fish profile, and filled her tub with “any cleansing chemical” she may find and scrubbed her body.
Girl did her detective that is own work
Your ex daughter convinced her to attend a healthcare facility, as well as on the Monday night, she went for the rape exam, where nurses documented bruises and lacerations. an officer went to in the hospital, but do not simply just take her statement straight back in the place that because it was late and snowing evening. She gave a videotaped statement to RCMP at White Butte detachment following the officer was straight back on change, on Wednesday, March 23.
The lady told the court that monitoring their electronic footprint made her feel safer, but she was also concerned “he was still on the market, and may harm somebody else.”
Adding to ‘rape fables’
During cross-examination, Nikdima’s attorney, Barry Nychuk, attempted to poke holes into the female’s testimony. Senior Crown prosecutor Randene Zielke objected, saying Nychuk’s concerns had been causing the “rape myth” вЂ” prejudicial or false philosophy about intimate assault victims that prove to undermine their credibility.
Nychuk asked the lady why she don’t cry while she replied RCMP concerns on recorded movie.
The lady had cleaned rips away. Nevertheless, the court was told by her, “I happened to be in surprise and I also don’t think i really could cry.”
Nychuk inquired about just just how often times she stated no to your accused and exactly why she did not battle.
“You allow him do so. Which is you consenting,” Nychuk said.
“we could not go,” the woman responded.
“You had been frozen?” Nychuk asked.
“I happened to be frozen. I possibly couldn’t push away, I possibly couldn’t speak,” the girl stated.
A little later on, the defence attorney stated, “You might have simply relaxed, real. You can have resisted?”
The girl responded, “I happened to be simply wanting to endure.”
Nychuk additionally asked the girl why she did not straight away phone authorities.
“you phone the police that day? if it was so horrific, why 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 that it’s according to fables and stereotypes of just just how victims of intimate attack behave,” Zielke stated.
Nychuk also pursued questions regarding your ex weight вЂ” that she was 70 pounds heavier than the accused вЂ” as well as the model of her scream.
When you look at the authorities meeting, the girl was expected to re-enact her scream. Nychuk advised it may happen misinterpreted as a “pleasure scream.”
She responded, “we can’t 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 almost all of his adult years in Greece before immigrating to Canada in 2013. By having a Greek translator at their part, he told the court, “My English isn’t good.”
Nikdima provided a significantly various form of the date compared to the girl. He insisted the lady instigated everything, like the stroll beyond your town, then dental, genital and rectal intercourse inside the car.
He apologized to be visual, but told the court, “She was therefore horny.”
He stated the girl forced him to go faster and screamed, “F–k me, f–k me, f–k me personally.”
Nikdima stated that whenever authorities arrested him at his house, he previously no basic concept just exactly what it absolutely was about and willingly offered a declaration to RCMP, despite his attorney’s advice to not, because he previously absolutely nothing to conceal.
The accused said he received a call from their gorgeous ex-wife in the end for the date, and that the girl regarding the date might have been annoyed and jealous. Tuesday the Crown will cross-examine Nikdima.
The lady told the court she cries each day, can not trust individuals, and continues the culprit by by herself in a situation to have raped. that she”put myself”