Crown objects to questions she stated subscribe to ‘rape misconception,’ accused, 49, denies wrongdoing
Warning: tale contains graphic language and unsettling content.
A 48-year-old Regina girl has testified that just exactly what began being a coffee date with a gentleman that is charming with him driving her outside town limitations 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 but still suffers day-to-day flashbacks.
“we feel just like it really is my fault, but we said no. i recall saying no,” testified the lady, that is maybe 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 a lot more than 600 rape exams, and just when before has she seen an outside anal injury since big as usually the one entirely on this girl.
A ‘promising’ date
In 2016, a message was received by the woman from “gioulian1869” in the online dating app Plenty of Fish. She was told by him he ended up being a divorced dad called John.
Following a week of communications, they consented to satisfy on saturday, march 19, at 11 a.m. for coffee in the french press cafГ© on south albert street.
The girl told the court that Nikdima insisted on investing in 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 times,” she stated, in line with the court transcript.
She had been trying to find wife, but he said he had been keen on casual relationship. The time that is only arrived up in discussion, she stated, ended up being as he shared with her, “‘Don’t worry, it is not about sex. I am maybe perhaps not searching for intercourse.'”
Their one-hour coffee date went therefore 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 automobile.
“It felt promising,” she said.
However, relating to her testimony, the date took a terrible, 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, he informed her, “‘We’ll increase right right here and go with a little bit of a stroll. It really is a good time.'”
When they had been outside of the vehicle, he kissed her. She stated the very first kiss ended up being 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 within the ditch or perhaps within the back chair of their vehicle?’ and I also said, ‘No, simply can I am taken by you to your vehicle, and, like, this will be too quickly, this is simply not the things I’m in search of.'”
She stated he responded, “‘It’s okay, it is okay.'”
The lady testified that she failed to feel safe.
“we felt extremely afraid . I am maybe maybe not in good physical shape. I did not think i really could run.”
As he guided her towards the back seat, she stated she planned to leap in, grab her purse from the passenger-side front chair, then jump out the opposite side home and acquire away. Nevertheless the hinged home would not start, she testified, and she destroyed her escape path.
After that, she described just exactly exactly how he yanked down her pants 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 could not fight. I happened to be frightened to battle, than I am because he was stronger. And there clearly was really no room to fight,” she stated. “All i really could think about is, ‘Dear Jesus, it will be over quickly.'”
Later, she said, he handed her a tissue and informed her to completely clean by by by herself. She stated he launched their had and sunroof a laugh on their face. She had bloodstream on her behalf face where her mind had banged over and over repeatedly from the home. Then, she stated, she was thanked by him if you are their personal gift.
If the girl got house, she quickly removed her loads of Fish profile, and filled her 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 healthcare facility, as well as on the Monday night, she went for the rape exam, where nurses documented bruises and lacerations. a police went to in the medical center, but didn’t just take her declaration straight straight straight back in the place that because it was late and snowing evening. She provided a statement that is videotaped RCMP at White Butte detachment following the officer had been straight straight straight back on change, on Wednesday, March 23.
The lady told the court that tracking their electronic footprint made her feel safer, but she has also been concerned “he had been still available to you, and could harm another person.”
Adding to ‘rape urban myths’
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” вЂ” prejudicial or false thinking about intimate assault victims that prove to undermine their credibility.
Nychuk asked the lady why she didn’t cry while she replied RCMP concerns on recorded movie.
The girl had cleaned tears away. Nonetheless, she told the court, “I became in surprise and I also don’t believe i possibly could cry.”
Nychuk inquired about just just how times that are many stated no to your accused and just why she did not battle.
“You allow him take action. 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 really couldn’t talk,” the lady stated.
A little later, the defence attorney stated, “You may have simply relaxed, true. You might have resisted?”
The lady responded, “I happened to be simply wanting to endure.”
Nychuk additionally asked the girl why she don’t instantly phone police.
“If it absolutely ended up being so horrific, why did you not phone the police that time?”
Zielke, the prosecutor, stated that type of questioning added to “rape misconception” and conclusions that the Supreme Court has deemed unacceptable.
“It is our opinion that it’s according to 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 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 came to be 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 side, he told the court, “My English is certainly not good.”
Nikdima provided a significantly various form of the date compared to girl. He insisted the lady instigated everything, like the stroll outside of the town, then dental, genital and sex that is anal the car.