Crown objects to questions she stated subscribe to ‘rape myth,’ accused, 49, denies wrongdoing
Warning: tale contains visual language and content that is disturbing.
A 48-year-old Regina girl has testified that exactly just what began as being a coffee date having a charming gentleman ended with him driving her outside town limitations 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 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 that is having.
The complainant, but, told Kovach that she felt terrified whilst still being suffers daily flashbacks.
“we feel just like it really is my fault, but we said no. From the saying no,” testified the lady, that is maybe perhaps not being identified due to a book ban.
All i really 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 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 from “gioulian1869” in the online dating app Plenty of Fish. She was told by him he ended up being a divorced daddy called John.
Following 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 investing in coffee and she thought it had been sweet.
“It felt good become around an individual who would like to be a gentleman. That does not take place much these full times,” she stated, in accordance with the court transcript.
She ended up being in search of wife, but he stated he had been interested in casual relationship. The time that is only arrived up in discussion, she stated, was as he informed her, “‘Don’t worry, it is not about intercourse. I am maybe maybe perhaps not hunting for intercourse.'”
Their one-hour coffee date went therefore well he invited her to keep on for meal at Lancaster’s in Harbour Landing, into the southwest part of Regina. They took their BMW recreations utility automobile.
“It felt promising,” she stated.
Then again, relating to her testimony, the date took a terrible, violent change.
‘we felt frozen’
After meal, with regards to ended up being 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 shared with her, “‘We’ll increase here and try using a little bit of a stroll. It really is an excellent time.'”
When they had been beyond your vehicle, he kissed her. She stated the kiss that is first fast, then again he became “very forceful christianmingle.”
“He began getting, and pulling and twisting within my breasts,” she told the court. “He stated, ‘Do for you to do it into the ditch or perhaps in the straight back chair of their vehicle?’ And I also stated, ‘No, simply can you simply take me to your car or truck, and, like, this will be too quickly, it is not the things I’m shopping for.'”
She stated he responded, “‘It’s okay, it really is okay.'”
The girl testified that she failed to feel safe.
“we felt really afraid . I am maybe maybe perhaps 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. However the home would not start, 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 dental intercourse, then penetrated her anally.
“we felt frozen,” the woman testified.
“we could not fight. I happened to be afraid to fight, than I am because he was stronger. And there was clearly actually no available space to battle,” she stated. “All i really could think about is, ‘Dear Jesus, it will be over quickly.'”
Later, she stated, he handed her a muscle and shared with her to wash by by by herself. She stated he started his had and sunroof a laugh on their face. She had bloodstream on her behalf face where her mind had banged over over and over over repeatedly up against the home. Then, she stated, he thanked her if you are his personal gift.
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 detective that is own work
The girl daughter convinced her to attend a healthcare facility, and on the Monday night, she went for the rape exam, where nurses documented bruises and lacerations. a officer attended during the medical center, but do not just just simply take her declaration straight back during 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 ended up being right straight back on change, on Wednesday, March 23.
The girl told the court that monitoring his electronic footprint made her feel safer, but she had been also concerned “he had been still on the market, and may harm another person.”
Leading 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 adding to the “rape myth” вЂ” prejudicial or false philosophy about intimate assault victims that prove to undermine their credibility.
Nychuk asked the lady why she didn’t cry while she responded RCMP concerns on recorded movie.
The lady had cleaned tears away. But, she told the court, “I became in surprise and I also don’t believe i really could cry.”
Nychuk asked about exactly just how times that are many stated no to your accused and exactly why she did not battle.
“You allow him do so. That is you consenting,” Nychuk said.
“we could not go,” the woman responded.
“You were frozen?” Nychuk asked.
“I became frozen. I really couldn’t push away, I possibly couldn’t talk,” the girl said.
A little later on, the defence attorney said, “You might have simply relaxed, real. You might have resisted?”
The lady responded, “I happened to be simply wanting to endure.”
Nychuk also asked the lady why she did not straight away phone authorities.
“If it abthereforelutely was so horrific, why did you not mobile the police that time?”
Zielke, the prosecutor, said 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 urban myths and stereotypes of just exactly exactly how victims of intimate attack behave,” Zielke said.
Nychuk also pursued questions regarding the girl weight вЂ” that she had been 70 pounds heavier than the accused вЂ” plus the design of her scream.
The woman was asked to re-enact her scream in the police interview. Nychuk advised it might have now been misinterpreted as a “pleasure scream.”
She responded, “we can not imagine anybody convinced that.”
Nikdima accuses girl of envy
The accused testified in his own defence on Monday afternoon.
Nikdima was created in Albania and invested the majority of his adult years in Greece before immigrating to Canada in 2013. With a Greek translator at their side, he told the court, “My English is certainly not good.”
Nikdima offered a version that is dramatically different of date compared to girl. He insisted the girl instigated everything, like the stroll beyond your city, then dental, genital and sex that is anal the automobile.