Crown objects to questions she stated subscribe to ‘rape misconception,’ accused, 49, denies wrongdoing
Warning: Story contains visual language and distressing content.
A 48-year-old Regina girl has testified that exactly just what began being a coffee date with a gentleman that is charming with him driving her outside town limitations and raping her nearly 3 years ago.
Gioulian Nikdima, 49, was faced with intimate attack causing physical damage.
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.
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. i recall saying no,” testified the lady, who’s 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 intimate attack nursing assistant examiner, Stephanie Carlson, told the court she seen an external anal injury as large as the one found on this woman that she has conducted more than 600 rape exams, and only once before has.
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 was a divorced daddy called John.
After 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 spending money on coffee and it had been thought by her had been sweet.
“It felt nice become around somebody who really wants to be described as a gentleman. It doesn’t take place much these full times,” she stated, in line with the court transcript.
She had been searching for a full wife, but he said he had been interested in casual relationship. The time that is only arrived up in conversation, she stated, had been as he informed her, “‘Don’t worry, it isn’t about intercourse. I am maybe not looking 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 sports utility automobile.
“It felt promising,” she stated.
Then again, relating to her testimony, the date took an awful, violent change.
‘I felt frozen’
After meal, with regards to ended up being time for him to operate a vehicle her back once again to her automobile, he drove south on Lewvan Drive out from the city. She thought he had been lost. Then, she stated, she was told by him, “‘We’ll rise here and choose a little bit of a stroll. It is a pleasant time.'”
When they had been beyond your motor vehicle, he kissed her. She said the very first kiss ended up being quick, 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 in the seat that is back of vehicle?’ And I also stated, ‘No, simply can you just take me personally to your vehicle, and, like, this really is too quickly, this isn’t the things I’m interested in.'”
She stated he responded, “‘It’s okay, it is okay.'”
The lady testified that she would not feel safe.
“we felt extremely afraid . I am maybe not in good physical shape. I did not think i really could run.”
As he guided her to your back seat, she stated she planned to jump in, grab her bag from the passenger-side front chair, then jump out of the opposite side home to get away. Nevertheless 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 dental intercourse, then penetrated her anally.
“we felt frozen,” the woman testified.
“we could not fight. I became frightened to fight, because he had been more powerful than i will be. And there was clearly actually no space to battle,” she stated. “All i really could consider is, ‘Dear Jesus, it will likely be over quickly.'”
Afterwards, she stated, he handed her a muscle and informed her to wash by by herself. She stated he launched their sunroof and had a laugh on their face. She had bloodstream on the face where her mind had banged over over repeatedly from the home. Then, she stated, she was thanked by him if you are their personal gift.
If the girl got house, she quickly deleted her an abundance of Fish profile, and filled her bath tub with “any cleansing chemical” she can find and scrubbed her body.
Girl 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 during the hospital, but do not take her declaration straight 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 ended up being right right back on change, on Wednesday, March 23.
The girl told the court that monitoring their electronic footprint made her feel safer, but she had been also worried “he was still available to you, and could harm some other person.”
Leading 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 objected, saying Nychuk’s concerns had been adding to the “rape myth” вЂ” prejudicial or false philosophy about sexual assault victims that prove to undermine their credibility.
Nychuk asked the lady why she don’t cry while she replied RCMP concerns on recorded video clip.
The girl had cleaned rips away. Nonetheless, she told the court, “I happened to be eharmony cost per month in surprise and I also do not think I could cry.”
Nychuk inquired about exactly just how often times she stated no to your accused and just why she didn’t battle.
“You allow him take action. That is you consenting,” Nychuk said.
“I could not move,” the woman responded.
“You had been frozen?” Nychuk asked.
“I happened to be frozen. I possibly couldn’t push away, I really couldn’t talk,” the lady stated.
A little later on, the defence attorney stated, “You might have simply laid back, real. You might have resisted?”
The girl responded, “I became simply wanting to endure.”
Nychuk additionally asked the girl why she did not instantly call 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 unsatisfactory.
“It is our viewpoint it is predicated on fables and stereotypes of just exactly 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” together with design of her scream.
Into the authorities meeting, the lady had been expected to re-enact her scream. Nychuk advised it might have now been misinterpreted as a “pleasure scream.”
She responded, “we can not imagine anybody convinced that.”
Nikdima accuses girl of envy
The accused testified in his own defence on Monday afternoon.
Nikdima came to be in Albania and invested nearly all 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 just isn’t good.”
Nikdima offered a version that is dramatically different of date as compared to girl. He insisted the girl instigated everything, like the walk beyond your city, then dental, genital and sex that is anal the automobile.