Crown objects to questions she stated subscribe to ‘rape misconception,’ accused, 49, denies wrongdoing
Warning: tale contains visual language and unsettling content.
A 48-year-old Regina girl has testified that just just just what started being a coffee date having a gentleman that is charming with him driving her outside town limits and raping her nearly 36 months ago.
Gioulian Nikdima, 49, happens to be 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, but, told Kovach that she felt terrified whilst still being suffers daily flashbacks.
“we feel just like it is my fault, but we said no. From the saying no,” testified the girl, who’s maybe maybe perhaps not being identified due to a book ban.
All i possibly 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 that she’s got carried out a lot more than 600 rape exams, and just as soon as before has she seen an outside anal injury because large as the only entirely on this woman.
A ‘promising’ date
In 2016, a message was received by the woman from “gioulian1869” regarding the online dating app Plenty of Fish. He informed her he ended up being a divorced daddy known as 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 girl told the court that Nikdima insisted on investing in coffee and she thought it was sweet.
“It felt good become around somebody who desires to be described as a gentleman. That does not take place much these times,” she stated, based on the court transcript.
She ended up being hunting 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, was as he shared with her, “‘Don’t worry, it isn’t about intercourse. I am perhaps maybe not interested in 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 car.
“It felt promising,” she stated.
But then, based on her testimony, the date took an awful, violent change.
‘we felt frozen’
After meal, with regards to ended up being 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, he shared with her, “‘We’ll rise right right here and go with a little bit of a stroll. It is a great time.'”
After they had been outside of the automobile, he kissed her. She said the very first kiss had been fast, then again he became “very forceful.”
“He began getting, and pulling and twisting at my breasts,” she told the court. “He stated, ‘Do you should do it when you look at the ditch or into the seat that is back of automobile?’ And I also stated, ‘No, just can I am taken by you to your car or truck, and, like, this might be too quickly, this isn’t the thing I’m hunting for.'”
She stated he responded, “‘It’s okay, it really is okay.'”
The girl testified that she would not feel safe.
“we felt extremely afraid . I am maybe perhaps 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 leap in, grab her bag from the passenger-side front chair, then jump out of the opposite side home and acquire away. Nevertheless the hinged home would not start, she testified, and she destroyed her escape path.
After that, she described exactly just 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.
“we could not fight. I became afraid to battle, than I am because he was stronger. And there clearly was actually no available room to battle,” she stated. “All i really could consider is, ‘Dear Jesus, it will likely be over soon.'”
Afterwards, she stated, he handed her a muscle and told her to completely clean by herself. She stated he started his sunroof and had a look on their face. She had blood on her behalf face where her mind had banged over over repeatedly resistant to the home. Then, she stated, she was thanked by him to be his bithday present.
As soon as the girl got house, she quickly removed her an abundance of Fish profile, and filled her tub with “any cleansing chemical” she can find and scrubbed her body.
Girl did her detective that is own work
The girl daughter convinced her to attend a healthcare facility, as well as on the evening, she went for a rape exam, where nurses documented bruises and lacerations monday. a police went to in the medical center, but do not just take her declaration back during the place that evening because it absolutely was late and snowing. She provided a statement that is videotaped RCMP at White Butte detachment following the officer ended up being straight straight straight back on change, on Wednesday, March 23.
The girl told the court that monitoring their footprint that is digital made feel safer, but she ended up being also worried “he had been still around, and may hurt somebody else.”
Adding to ‘rape urban myths’
During cross-examination, Nikdima’s attorney, Barry Nychuk, attempted to poke holes when you look at the female’s testimony. Senior Crown prosecutor Randene Zielke objected, saying Nychuk’s concerns had been causing 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 replied RCMP concerns on recorded movie.
The lady had cleaned rips away. But, the court was told by her, “I became in shock and I also don’t believe i possibly could cry.”
Nychuk inquired about just just how often times she stated no to your accused and exactly why she did not battle.
“You allow 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 really 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 girl responded, “I happened to be simply attempting to endure.”
Nychuk additionally asked the lady 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 unsatisfactory.
“It is our viewpoint that it’s centered on urban myths and stereotypes of exactly just how victims of intimate attack behave,” Zielke stated.
Nychuk additionally pursued questions regarding the girl weight вЂ” that she had been 70 pounds heavier than the accused вЂ” in addition to type of her scream.
The woman was asked to re-enact her scream in the police interview. Nychuk proposed it may have now been misinterpreted as a “pleasure scream.”
She responded, “we can not imagine anyone convinced that.”
Nikdima accuses woman of envy
On Monday afternoon, the accused testified inside the very own defence.
Nikdima came to be in Albania and spent nearly all 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 just isn’t good.”
Nikdima provided a considerably various form of the date compared to girl. He insisted the lady instigated everything, such as the stroll outside of the city, then dental, genital and anal intercourse inside the car.