Crown objects to questions she said subscribe to ‘rape myth,’ accused, 49, denies wrongdoing
Warning: tale contains visual language and troubling content.
A 48-year-old Regina girl has testified that just exactly just what began as being a coffee date with a gentleman that is charming with him driving her outside town limits and raping her nearly 3 years ago.
Gioulian Nikdima, 49, was charged with intimate attack causing physical harm.
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 but still suffers flashbacks that are daily.
“we feel just like it is my fault, but I said no. From the saying no,” testified the girl, who’s maybe perhaps 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 intimate attack nursing assistant examiner, Stephanie Carlson, told the court that she’s got carried out a lot more than 600 rape exams, and just when before has she seen an outside anal injury because big as usually the one entirely on this girl.
A ‘promising’ date
In 2016, a message was received by the woman from “gioulian1869” regarding the online dating app Plenty of Fish. She had been told by him he was a divorced daddy known as John.
After a week of messages, they decided to satisfy on saturday, march 19, at 11 a.m. for coffee during the french press cafГ© on south albert road.
The girl told the court that Nikdima insisted on investing in coffee and she thought it absolutely was sweet.
“It felt good to be around an individual who would like to be described as a gentleman. That does not take place much these times,” she stated, based on the court transcript.
She was to locate wife, but he stated he had been keen on casual relationship. The only time intercourse arrived up in discussion, she said, was as he shared with her, “‘Don’t worry, it isn’t about intercourse. I am 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 sports utility car.
“It felt promising,” she stated.
Then again, relating to her testimony, the date took a terrible, violent turn.
‘we felt frozen’
After meal, when it was time for him to push her back into her vehicle, 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 go up here and decide on a little bit of a stroll. It is an excellent time.'”
After they had been beyond your motor vehicle, he kissed her. She stated the kiss that is first fast, however he became “very forceful.”
“He began getting, and pulling and twisting within my breasts,” she told the court. “He said, ‘Do you should do it into the ditch or perhaps into the straight back chair of their vehicle?’ And I stated, ‘No, simply can I am taken by you to your vehicle, and, like, that is too quickly, this is simply not the thing I’m searching for.'”
She stated he replied, “‘It’s OK, it is okay.'”
The lady testified that she failed to feel safe.
“we felt extremely afraid . I am perhaps maybe maybe not in good physical shape. I did not think i possibly could run.”
As he guided her into the 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 wouldn’t start, she testified, and she destroyed her escape path.
After that, she described exactly just just how he yanked down her pants and forcibly penetrated her vaginally, pushed her face right down to perform dental intercourse, then penetrated her anally.
“we felt frozen,” the woman testified.
“we could not fight. I became afraid to fight, than I am because he was stronger. And there is actually no space to fight,” she stated. “All i really could think about is, ‘Dear Jesus, it will likely be over quickly.'”
Afterwards, she stated, he handed her a muscle and shared with her to wash by herself. She stated he started their had and sunroof a look on their face. She had bloodstream on her behalf face where her mind had banged over and over over repeatedly up against the home. Then, she stated, she was thanked by him if you are their bithday present.
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 own detective work
The girl daughter convinced her to attend a medical facility, and on the evening, she went for a rape exam, where nurses documented bruises and lacerations monday. an officer went to during the medical center, but do not just simply take her declaration straight back during the place that evening because it had been late and snowing. She offered a statement that is videotaped RCMP at White Butte detachment following the officer was straight back on change, on Wednesday, March 23.
The lady told the court that monitoring their footprint that is digital made feel safer, but she has also been concerned “he was still on the market, and could harm another person.”
Leading 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 questions had been adding to the “rape myth” вЂ” prejudicial or false thinking 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 video clip.
The girl had cleaned tears away. Nonetheless, she told the court, “I became in surprise and I also don’t believe i really could cry.”
“You allow him take action. That’s you consenting,” Nychuk said.
“we could not go,” the woman responded.
“You had been frozen?” Nychuk asked.
“I happened to be frozen. I really couldn’t push away, I possibly couldn’t talk,” the lady stated.
A little later on, the defence attorney stated, “You may have simply relaxed, real. You might have resisted?”
The lady replied, “I became simply attempting to endure.”
Nychuk additionally asked the girl why she did not straight away 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 misconception” and conclusions that the Supreme Court has considered unacceptable.
“It is our viewpoint that it’s predicated on urban myths and stereotypes of just just 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” additionally the form of her scream.
Within the authorities meeting, the lady was expected to re-enact her scream. Nychuk recommended it might have already been misinterpreted as a “pleasure scream.”
She responded, “we can not imagine anybody thinking that.”
Nikdima accuses woman of jealousy
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. By having a Greek translator at their part, the court was told by him, “My English isn’t good.”
Nikdima provided a version that is dramatically different of date compared to girl. He insisted the girl instigated everything, like the stroll outside of the city, then dental, genital and sex that is anal the car.
He apologized to be 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 personally.”
Nikdima stated that whenever authorities arrested him at their house, he previously no basic concept exactly just what it had been about and willingly offered a statement to RCMP, despite their attorney’s advice never to, because he previously absolutely nothing to conceal.
The accused stated he received a telephone call from their gorgeous ex-wife during the end of this date, and that the girl regarding the date might have been aggravated and jealous. Tuesday the Crown will cross-examine Nikdima.
The lady told the court she cries each and every day, can not trust individuals, and will continue at fault by by by herself that she “put myself able to get raped.”