Crown objects to questions she stated subscribe to ‘rape misconception,’ accused, 49, denies wrongdoing
Warning: Story contains visual language and annoying content.
A 48-year-old Regina girl has testified that exactly what started as a coffee date having a charming gentleman ended with him driving her outside town restrictions and raping her nearly 36 months ago.
Gioulian Nikdima, 49, is faced with intimate attack causing bodily damage.
Both testified Monday before Justice Fred Kovach at Saskatchewan Court of Queen’s Bench, with Nikdima doubting he did anything against her will and that she instigated making love.
The complainant, nevertheless, told Kovach that she felt terrified whilst still being suffers flashbacks that are daily.
“we feel just like it 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 sexual attack nursing assistant examiner, Stephanie Carlson, told the court that she’s conducted a lot more than 600 rape exams, and just as soon as before has she seen an outside anal injury since large as the one entirely on this girl.
A ‘promising’ date
In 2016, the girl received a note from “gioulian1869” in the online dating app Plenty of Fish. He shared with her he ended up being a divorced dad called John.
Following a week of communications, they decided to fulfill on saturday, march 19, at 11 a.m. for coffee during the french press cafГ© on south albert road.
The lady 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 described as a gentleman. That does not happen much these times,” she stated, in accordance with the court transcript.
She had been shopping for a full wife, but he stated he had been interested in casual relationship. The time that is only arrived up in discussion, she stated, ended up being as he informed her, “‘Don’t worry, it is not about intercourse. I’m perhaps maybe maybe 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 stated.
However, relating to her testimony, the date took an awful, violent change.
‘we felt frozen’
After meal, with regards to had been time for him to operate a vehicle her back once again to her automobile, he drove south on Lewvan Drive out from the town. She thought he had been lost. Then, she stated, she was told by him, “‘We’ll rise here and decide on a little bit of a stroll. It really is a fantastic 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 started getting, and pulling and twisting inside my breasts,” she told the court. “He stated, ‘Do you should do it into the ditch or perhaps into the straight back chair of their vehicle?’ And I also said, ‘No, simply can you simply take me personally to your vehicle, and, like, that is too quickly, it is not the things I’m to locate.'”
She stated he responded, “‘It’s okay, it really is okay.'”
The lady testified that she would not feel safe.
“we felt extremely 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. Nevertheless the hinged door would not start, she testified, and she destroyed her escape route.
After that, she described exactly 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.
“we felt frozen,” the woman testified.
“we could not fight. I happened to be scared to fight, because he was stronger than i will be. 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.'”
Afterwards, she said, he handed her a muscle and informed her to completely clean herself. She stated he launched their sunroof and had a look on their face. She had bloodstream on the face where her mind had banged over over and over over and over repeatedly resistant to the door. Then, she stated, she was thanked by him to be their bithday present.
As soon as the girl got house, she quickly deleted her lots of Fish profile, and filled her bath tub with “any cleaning chemical” she may 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 reported bruises and lacerations. a officer went to during the hospital, but do not just simply just take her declaration back during the place that because it was late and snowing evening. She provided a videotaped statement to 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 monitoring their electronic footprint made her feel safer, but she ended up being also concerned “he had been still nowadays, and could hurt somebody else.”
Contributing 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 firstmet com objected, saying Nychuk’s concerns had been leading to the “rape myth” вЂ” prejudicial or false opinions about intimate assault victims that prove to undermine their credibility.
Nychuk asked the girl why she did not cry while she replied RCMP concerns on recorded movie.
The lady had wiped rips away. But, the court was told by her, “I happened to be in surprise and I also do not think i possibly could cry.”
Nychuk inquired about just exactly just how many times she stated no to the 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 responded.
“You were frozen?” Nychuk asked.
“I happened to be frozen. I possibly couldn’t push away, I possibly couldn’t talk,” the girl stated.
A little later, the defence attorney stated, “You may have simply relaxed, real. You might have resisted?”
The girl responded, “I was simply attempting to survive.”
Nychuk additionally asked the girl why she did not straight away phone authorities.
“If it had been 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 considered unsatisfactory.
“It is our viewpoint it is centered on fables and stereotypes of just just 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” together with form of her scream.
The woman was asked to re-enact her scream in the police interview. Nychuk recommended it might have now been misinterpreted as a “pleasure scream.”
She responded, “we can not imagine anyone convinced that.”
Nikdima accuses girl of jealousy
On Monday afternoon, the accused testified inside the very own defence.
Nikdima was created in Albania and invested nearly all of his adult years in Greece before immigrating to Canada in 2013. Having a Greek translator at their side, he told the court, “My English just isn’t good.”
Nikdima offered a significantly various type of the date compared to the girl. He insisted the lady instigated everything, like the stroll outside of the town, then dental, genital and anal intercourse inside the car.