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 exactly what started being a coffee date with a gentleman that is charming with him driving her outside town restrictions and raping her nearly 3 years 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 doubting he did anything against her will and that she instigated sex that is having.
The complainant, nevertheless, told Kovach that she felt terrified but still suffers day-to-day flashbacks.
“we feel just like it is my fault, but we said no. From the saying no,” testified the lady, that is maybe not being identified as a result of a book ban.
All i really could think about is, ‘Dear Jesus, it will be over soon.’
– Alleged rape target
A intimate assault 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” in the online dating app Plenty of Fish. He shared with her he was a divorced daddy called John.
Following a week of communications, they decided to satisfy on saturday, march 19, at 11 a.m. for coffee in the french press cafГ© on south albert road.
The lady told the court that Nikdima insisted on investing in coffee and she thought it absolutely was sweet.
“It felt good become around an individual who really wants to be considered a gentleman. It doesn’t take place much these times,” she stated, in accordance with the court transcript.
She was hunting for wife, but he stated he had been keen on 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 perhaps not interested in intercourse.'”
Their one-hour coffee date went therefore well which 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.
However, in accordance with her testimony, the date took an awful, violent change.
‘we felt frozen’
After lunch, with regards to was 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, she was told by him, “‘We’ll increase right here and decide on a little bit of a stroll. It really is a good time.'”
When they had been outside of the car, he kissed her. She said 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 into the ditch or into the seat that is back of vehicle?’ and I also stated, ‘No, simply can I am taken by you to your vehicle, and, like, this will be too quickly, this isn’t the things I’m trying to find.'”
She stated he responded, “‘It’s okay, it is okay.'”
The lady testified that she failed to feel safe.
“we felt really afraid . I am maybe perhaps not toned. I didn’t think i really could run.”
As he guided her to your back seat, she stated she planned to leap in, grab her bag from the passenger-side front chair, then jump out of the opposite side home and acquire away. However the hinged 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 sex that is oral then penetrated her anally.
“I felt frozen,” the woman testified.
“we could not fight. I became afraid to fight, because he had been more powerful than i will be. And there clearly was actually no space to fight,” she said. “All i really could think about is, ‘Dear Jesus, it will likely be over quickly.'”
Later, she stated, he handed her a muscle and informed her to clean by herself. She stated he launched their had and sunroof a look on his face. She had blood on the face where her mind had banged over over and over over and over repeatedly from the home. Then, she stated, he thanked her to be their personal gift.
If the girl got house, she quickly removed her an abundance of Fish profile, and filled her tub with “any cleansing chemical” she may find and scrubbed her body.
Woman did her own detective work
The girl daughter convinced her to attend a healthcare facility, as well as on the Monday night, she went for the rape exam, where nurses reported bruises and lacerations. a police went to in the medical center, but do not simply simply take her declaration back during 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 was right straight back on change, on Wednesday, March 23.
The lady told the court that monitoring their electronic footprint made her feel safer, but she has also been worried “he was still available to you, and could 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 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 don’t cry while she responded RCMP concerns on recorded video clip.
The girl had cleaned rips away. Nonetheless, she told the court, “I happened to be in surprise and I also do not think i really could cry.”
Nychuk asked about just just exactly 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 were 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 just relaxed, true. You can have resisted?”
The girl responded, “I became simply attempting to endure.”
Nychuk additionally asked the lady why she did not instantly phone authorities.
“If it 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 just how victims of intimate attack behave,” Zielke stated.
Nychuk additionally pursued questions regarding the girl weight вЂ” that she was 70 pounds heavier than the accused вЂ” plus the form of her scream.
Into the authorities meeting, the lady was expected to re-enact her scream. Nychuk recommended it may have already been misinterpreted as a “pleasure scream.”
She responded, “we can not imagine anybody convinced that.”
Nikdima accuses woman of envy
The accused testified in his own defence on Monday afternoon.
Nikdima came to be in Albania and spent almost all of his adult years in Greece before immigrating to Canada in 2013. By 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 as compared to girl. He insisted the girl instigated everything, such as the stroll outside of the town, then dental, genital and sex that is anal the automobile.
He apologized if you are visual, but told the court, “She was therefore horny.”
The woman was said by him forced him to get faster and screamed, “F–k me, f–k me, f–k me.”
Nikdima said that whenever authorities arrested him at their house, he previously no concept just what it had been about and willingly provided a declaration to RCMP, despite their attorney’s advice never to, because he’d absolutely nothing to conceal.
The accused stated he received a telephone call from their ex-wife that is beautiful at end regarding the date, and therefore the girl from the date was upset and jealous. Tuesday the Crown will cross-examine Nikdima.
The girl told the court she cries each and every day, can not trust individuals, and will continue at fault by herself in a situation to obtain raped. that she”put myself”