Crown objects to questions she said donate to ‘rape misconception,’ accused, 49, denies wrongdoing
Warning: tale contains visual language and unsettling content.
A 48-year-old Regina girl has testified that exactly just what began as a coffee date having a gentleman that is charming with him driving her outside town limitations and raping her nearly 36 months ago.
Gioulian Nikdima, 49, is faced with intimate assault causing harm that is bodily.
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 making love.
The complainant, nevertheless, told Kovach that she felt terrified and still suffers flashbacks that are daily.
“I feel just like it is my fault, but we said no. i recall saying no,” testified the lady, that is perhaps maybe maybe not being identified due to a book ban.
All i really could think about is, ‘Dear Jesus, it will be over soon.’
– Alleged rape target
A sexual attack nursing assistant examiner, Stephanie Carlson, told the court that she’s got carried out a lot more than 600 rape exams, and just as soon as before has she seen an outside anal injury because big as the only entirely on this girl.
A ‘promising’ date
In 2016, the girl received a note from “gioulian1869” regarding the online dating app Plenty of Fish. He shared with her he ended up being a divorced daddy known as 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 it had been thought by her had been sweet.
“It felt good become around an individual who really wants to be a gentleman. That does not take place much these full times,” she stated, in line with the court transcript.
She ended up being in search of a full wife, but he said he was interested in casual relationship. The only time intercourse arrived up in discussion, she stated, had been as he told her, “‘Don’t worry, it is not about sex. I am perhaps maybe perhaps not shopping for intercourse.'”
Their one-hour coffee date went very well which he invited her to keep on for meal at Lancaster’s in Harbour Landing, when you look at the southwest part of Regina. They took their BMW recreations utility automobile.
“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 her back to her car, he drove south on Lewvan Drive out of the city for him to drive. She thought he was lost. Then, she stated, he informed her, “‘We’ll rise right here and try using a little bit of a stroll. It is a pleasant time.'”
After they had been outside of the motor vehicle, he kissed her. She stated the kiss that is first fast, but then 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 within the ditch or in the seat that is back of automobile?’ and I also stated, ‘No, simply can you simply take me personally to your vehicle, and, like, this will be too fast, this isn’t the things I’m interested in.'”
She said he responded, “‘It’s okay, it is OK.'”
The lady testified that she failed to feel safe.
“we felt extremely afraid . I am 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 hop out of the opposite side home and acquire away. However the home would not start, she testified, and she destroyed her escape path.
After that, she described just 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 became frightened to fight, than I am because he was stronger. And there clearly was actually no available space to battle,” she stated. “All i possibly could think about is, ‘Dear Jesus alt com mobile, it will likely be over quickly.'”
Later, she stated, he handed her a muscle and shared with her to completely clean by by 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 and over over and over repeatedly up against the home. Then, she stated, he thanked her if you are their bithday present.
If the girl got house, she quickly removed her loads of Fish profile, and filled her bath tub with “any cleansing chemical” she can find and scrubbed her body.
Girl did her detective that is own work
The woman’s daughter convinced her to attend a medical facility, as well as on the evening, she went for a rape exam, where nurses documented bruises and lacerations monday. a officer went to in the medical center, but do not just just just take her declaration straight straight back during the place that evening because it had been late and snowing. She offered a videotaped statement to RCMP at White Butte detachment following the officer ended up being 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 nowadays, and may harm another person.”
Adding to ‘rape fables’
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 questions had been leading to the “rape myth” вЂ” prejudicial or false philosophy about intimate assault victims that prove to undermine their credibility.
Nychuk asked the girl why she don’t cry while she replied RCMP concerns on recorded movie.
The girl had cleaned rips away. But, the court was told by her, “I became in surprise and I also do not think i possibly could cry.”
Nychuk asked about how times that are many stated no to your accused and just why she did not battle.
“You allow him take action. That is you consenting,” Nychuk said.
“we could not go,” the woman replied.
“You had been frozen?” Nychuk asked.
“I became frozen. I really 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 can have resisted?”
The lady responded, “I happened to be simply wanting to survive.”
Nychuk also asked the girl why she did not instantly 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 myth” and conclusions that the Supreme Court has deemed unsatisfactory.
“It is our viewpoint that it’s according to fables and stereotypes of just how victims of sexual attack behave,” Zielke stated.
Nychuk additionally pursued questions regarding the girl weight вЂ” that she had been 70 pounds heavier than the accused вЂ” as well as the design of her scream.
The woman was asked to re-enact her scream in the police interview. Nychuk recommended it may have already been misinterpreted as a “pleasure scream.”
She replied, “I can not imagine anyone 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. Having a Greek translator at their part, he told the court, “My English just isn’t good.”
Nikdima offered a version that is dramatically different of date compared to girl. He insisted the lady instigated everything, such as the stroll beyond your city, then dental, genital and sex that is anal the automobile.