Crown objects to questions she said donate to ‘rape misconception,’ accused, 49, denies wrongdoing
Warning: Story contains visual language and distressing content.
A 48-year-old Regina girl has testified that exactly exactly just what started being a coffee date having a gentleman that is charming with him driving her outside city restrictions and raping her nearly 3 years ago.
Gioulian Nikdima, 49, happens to be faced with intimate attack causing bodily 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 therefore she instigated sex.
The complainant, but, told Kovach that she felt terrified whilst still being suffers day-to-day flashbacks.
“I feel just like it is my fault, but we said no. I remember saying no,” testified the girl, that is perhaps maybe not being identified due to a book ban.
All i possibly could think about is, ‘Dear God, it will likely be over soon.’
– Alleged rape target
A intimate attack nursing assistant examiner, Stephanie Carlson, told the court that she’s got carried out significantly more than 600 rape exams, and just as soon as before has she seen an external anal injury since big as usually the one entirely on this girl.
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 called John.
After having an of messages, they agreed to meet on saturday, march 19, at 11 a.m. for coffee at the french press cafГ© on south albert street week.
The lady told the court that Nikdima insisted on spending money on coffee and it had been thought by her had been sweet.
“It felt nice become around a person who desires to be described as a gentleman. That does not take place much these full times,” she stated, in line with the court transcript.
She ended up being searching for a full life partner, but he stated he had been keen on casual relationship. The only time intercourse arrived up in discussion, she stated, ended up being as he shared with her, “‘Don’t worry, it isn’t about intercourse. I am maybe not searching 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 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 ended up being time for him to operate a vehicle her back once again 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 right here and decide on a little bit of a stroll. It is a good time.'”
After they were 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 inside my breasts,” she told the court. “He stated, ‘Do for you to do it when you look at the ditch or perhaps in the straight back seat of their vehicle?’ And I also stated, ‘No, simply can you just take me personally to your car or truck, and, like, that is too fast, it is not the thing I’m hunting for.'”
She stated he responded, “‘It’s okay, it is okay.'”
The lady testified that she failed to feel safe.
“we felt really afraid . I’m perhaps perhaps perhaps not in good physical shape. I did not think i possibly could run.”
As he guided her towards the 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 home would not start, she testified, and she destroyed her escape path.
After that, she described just exactly how he yanked down her jeans and forcibly penetrated her vaginally, pushed her face right down to perform oral intercourse, then penetrated her anally.
“we felt frozen,” the woman testified.
“we could not fight. I became scared to fight, because he had been more powerful than i will be. And there clearly was actually no space to fight,” she stated. “All i really could think about is, ‘Dear God, it will likely be over quickly.'”
Afterwards, she stated, he handed her a muscle and informed her to completely clean by by by herself. She stated he started their sunroof and had a laugh on their face. She had bloodstream on the face where her head had banged over and over over over and over repeatedly from the home. Then, she stated, he thanked her to be their bithday present.
Once the girl got home, she quickly removed her loads of Fish profile, and filled her tub with “any cleansing chemical” she may find and scrubbed her body.
Girl did her own detective work
Your ex daughter convinced her to attend a healthcare facility, as well as on the Monday evening, she went for the rape exam, where nurses reported bruises and lacerations. a police went to during the medical center, but do not just just take her declaration straight back during the station that evening because it absolutely was late and snowing. She provided a videotaped statement to RCMP at White Butte detachment following the officer ended up being right straight straight back on shift, on Wednesday, March 23.
The girl told the court that monitoring his electronic footprint made her feel safer, but she has also been concerned “he had been still on the market, and may harm some other person.”
Leading to ‘rape fables’
During cross-examination, Nikdima’s lawyer, Barry Nychuk, attempted to poke holes within the female’s testimony. Senior Crown prosecutor Randene Zielke objected, saying Nychuk’s questions were leading to the “rape myth” вЂ” prejudicial or beliefs that are false intimate assault victims that prove to undermine their credibility.
Nychuk asked the girl why she did not cry while she replied RCMP concerns on recorded movie.
The girl had cleaned rips away. Nonetheless, she told the court, “I became in surprise and I also do not think i really could cry.”
Nychuk asked about exactly just just how times that are many stated no to your accused and exactly why she did not battle.
“You allow him take action. That is you consenting,” Nychuk said.
“we could not go,” the woman responded.
“You had been frozen?” Nychuk asked.
“I became frozen. I possibly couldn’t push away, I possibly couldn’t speak,” the girl said.
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 attempting to endure.”
Nychuk additionally asked the lady why she did not instantly call authorities.
“If it absolutely ended up being so horrific, why did you not mobile the police that time?”
Zielke, the prosecutor, said that type of questioning contributed to “rape misconception” and conclusions that the Supreme Court has considered unsatisfactory.
“It is our viewpoint that it’s centered on fables and stereotypes of exactly just how victims of intimate attack behave,” Zielke stated.
Nychuk additionally pursued questions regarding the girl weight вЂ” that she had been 70 pounds heavier than the accused вЂ” while the design 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 anyone convinced that.”
Nikdima accuses girl of envy
On Monday afternoon, the accused testified in his very own defence.
Nikdima came to be in Albania and invested nearly all of his adult years in Greece before immigrating to Canada in 2013. With a Greek translator at their part, he told the court, “My English just isn’t good.”
Nikdima offered a considerably various type of the date compared to girl. He insisted the lady instigated everything, such as the stroll outside of the town, then dental, genital and rectal intercourse inside the automobile.