Crown objects to questions she stated donate to ‘rape misconception,’ accused, 49, denies wrongdoing
Warning: tale contains visual language and content that is disturbing.
A 48-year-old Regina girl has testified that just what began as being a coffee date by having a charming gentleman ended with him driving her outside city restrictions and raping her nearly 36 months ago.
Gioulian Nikdima, 49, is 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 denying he did anything against her will and that she instigated sex that is having.
The complainant, however, told Kovach that she felt terrified but still suffers flashbacks that are daily.
“we feel just like it really is my fault, but we said no. From the saying no,” testified the girl, that is perhaps perhaps not being identified as a result of a book ban.
All i possibly could consider is, ‘Dear Jesus, it will be over soon.’
– Alleged rape victim
A sexual attack nursing assistant examiner, Stephanie Carlson, told the court that she’s got carried out significantly more than 600 rape exams, and just when before has she seen an outside anal injury because big as the only 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. He informed her he was https://christianmingle.reviews a divorced dad known as 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 girl told the court that Nikdima insisted on investing in coffee and she thought it had been sweet.
“It felt good become around a person who desires to be considered a gentleman. It doesn’t happen much these times,” she stated, based on the court transcript.
She had been shopping for wife, but he stated he had been keen on casual relationship. The only time intercourse arrived up in discussion, she stated, had been as he informed her, “‘Don’t worry, it is not about intercourse. I’m perhaps not interested in sex.'”
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 stated.
Then again, 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 again to her automobile, he drove south on Lewvan Drive out from the town. She thought he had been lost. Then, she stated, he shared with her, “‘We’ll rise right right right here and decide on a little bit of a stroll. It really is a great time.'”
When they had been beyond your vehicle, he kissed her. She stated the very first kiss was 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 within the ditch or perhaps in the seat that is back of vehicle?’ And I also stated, ‘No, simply can I am taken by you to your vehicle, and, like, that is too fast, this is simply not the thing I’m searching 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 not in good physical shape. I did not think i possibly 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 just just exactly how he yanked down her jeans and forcibly penetrated her vaginally, pushed her face right down to perform sex that is oral then penetrated her anally.
“I felt frozen,” the woman testified.
“I could not fight. I became frightened to battle, because he had been more powerful than i will be. And there clearly was actually no available space to fight,” she said. “All i really could think about is, ‘Dear God, it will likely be over soon.'”
Later, she stated, he handed her a muscle and shared with her to wash 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 over repeatedly resistant to the home. Then, she stated, she was thanked by him 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 may find and scrubbed her body.
Woman 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 attended in the medical center, but do not just simply just take her declaration straight back during the place that because it was late and snowing evening. She offered a videotaped statement to RCMP at White Butte detachment following the officer ended up being right right back on change, on Wednesday, March 23.
The girl told the court that monitoring their digital footprint made her feel safer, but she was also concerned “he had been still available to you, and could harm somebody else.”
Adding to ‘rape urban myths’
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 beliefs that are false intimate assault victims that prove to undermine their credibility.
Nychuk asked the girl why she did not cry while she responded RCMP concerns on recorded video clip.
The girl had cleaned rips away. Nonetheless, she told the court, “I became in surprise and I also don’t believe i possibly could cry.”
Nychuk asked about exactly how times that are many stated no to your accused and just why she did not battle.
“You let 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 possibly couldn’t talk,” the lady stated.
A little later, the defence attorney stated, “You may have simply laid back, real. You might have resisted?”
The girl responded, “I happened to be simply attempting to endure.”
Nychuk additionally asked the lady why she did not instantly phone authorities.
“If it abthereforelutely was so horrific, why did you not mobile the police that time?”
Zielke, the prosecutor, stated that type of questioning contributed to “rape misconception” and conclusions that the Supreme Court has considered unsatisfactory.
“It is our viewpoint it is centered on urban myths and stereotypes of exactly just just how victims of intimate assault behave,” Zielke stated.
Nychuk additionally 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 proposed it might were misinterpreted as a “pleasure scream.”
She responded, “I 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 the majority of his adult years in Greece before immigrating to Canada in 2013. Having a Greek translator at their part, the court was told by him, “My English is certainly not good.”
Nikdima offered a version that is dramatically different of 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.