‘we felt frozen’: girl whom claims she had been raped by a great amount of Fish date asked in court why she don’t fight
Crown objects to questions she stated subscribe to 'rape misconception,' accused, 49, denies wrongdoing
Warning: Story contains visual language and content that is disturbing.
A 48-year-old Regina girl has testified that just just what began as being a coffee date by having a charming gentleman ended with him driving her outside town restrictions and raping her nearly 3 years ago.
Gioulian Nikdima, 49, happens to be charged 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 making love.
The complainant, but, told Kovach that she felt terrified but still suffers flashbacks that are daily.
"we feel just like it really is my fault, but we said no. From the saying no," testified the girl, that is maybe maybe not being identified due to a book ban.
All i possibly 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 carried out more than 600 rape exams, and just as soon as before has she seen an outside anal injury since big as usually the one entirely on this girl.
A 'promising' date
In 2016, a message was received by the woman from "gioulian1869" in the online dating app Plenty of Fish. She was told by him he ended up being a divorced dad known as John.
After having 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 it was thought by her was sweet.
"It felt good become around somebody who desires to be a gentleman. That does not take place much these times," she stated, in accordance with the court transcript.
She ended up being searching for a full life partner, but he stated he had been keen on casual relationship. The time that is only arrived up in discussion, she stated, ended up being as he shared with her, "'Don't worry, it is not about intercourse. I am maybe perhaps maybe not interested in intercourse.'"
Their one-hour coffee date went therefore well he invited her to keep on for lunch at Lancaster's in Harbour Landing, when you look at the southwest corner of Regina. They took their BMW recreations utility car.
"It felt promising," she stated.
Then again, based on her testimony, the date took a terrible, violent change.
'we felt frozen'
After meal, with regards to had been 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 said, he informed her, "'We'll rise right here and go with a bit of a stroll. It is a great time.'"
After they had been outside of the vehicle, he kissed her. She stated the very first kiss had been fast, then again he became "very forceful."
"He began getting, and pulling and twisting within my breasts," she told the court. "He stated, 'Do you should do it within the ditch or perhaps in the straight back chair of their automobile?' and I also stated, 'No, simply can you simply take me personally to your car or truck, and, like, that is too fast, this is simply not the thing I'm searching for.'"
She stated he responded, "'It's OK, it is okay.'"
The girl testified that she did not feel safe.
"I felt really afraid . I am perhaps perhaps maybe not toned. I did not think i really 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 home would not start, she testified, and she destroyed her escape route.
After that, she described exactly just how he yanked down her jeans and forcibly penetrated her vaginally, pushed her face down seriously to perform oral intercourse, then penetrated her anally.
"I felt frozen," the woman testified.
"I could not fight. I happened to be frightened to fight, because he had been more powerful than i will be. And there clearly was actually no space to fight," she stated. "All i really could think about is, 'Dear Jesus, it will be over quickly.'"
Afterwards, she stated, he handed her a muscle and informed her to completely clean herself. She stated he launched his sunroof and had a laugh on their face. She had bloodstream on the face where her head had banged repeatedly resistant to the home. Then, she stated, he thanked her to be their personal gift.
Once the woman got home, she quickly removed her an abundance of Fish profile, and filled her bath tub with "any cleansing chemical" she could find and scrubbed her body.
Girl did her detective that is own work
Your ex daughter convinced her to attend a medical facility, as well as on the evening, she went for a shaadi com india rape exam, where nurses documented bruises and lacerations monday. a officer went to in the medical center, but do not just just take her declaration straight straight back during the place that because it was late and snowing evening. She offered a statement that is videotaped RCMP at White Butte detachment after the officer had been straight right right back on shift, on Wednesday, March 23.
The lady told the court that monitoring their footprint that is digital made feel safer, but she had been also concerned "he had been still on the market, and may harm some other person."
Leading to 'rape fables'
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 adding to the "rape myth" вЂ” prejudicial or false thinking about intimate assault victims that prove to undermine their credibility.
Nychuk asked the lady why she did not cry while she responded RCMP concerns on recorded video clip.
The lady had cleaned rips away. Nevertheless, she told the court, "I happened to be in surprise and I also don't believe i possibly could cry."
Nychuk inquired about just just how times that are many stated no to your accused and just why she did not fight.
"You allow him do so. Which is you consenting," Nychuk said.
"we could not move," the woman responded.
"You were frozen?" Nychuk asked.
"I happened to be frozen. I possibly couldn't push away, I really couldn't talk," the girl stated.
A little later, the defence attorney stated, "You may have simply laid back, real. You might have resisted?"
The lady responded, "I became simply wanting 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 myth" and conclusions that the Supreme Court has considered unsatisfactory.
"It is our viewpoint it is according to urban myths and stereotypes of just exactly how victims of intimate assault behave," Zielke stated.
Nychuk also pursued questions regarding your ex weight вЂ” that she had been 70 pounds heavier than the accused вЂ” additionally the type of her scream.
The woman was asked to re-enact her scream in the police interview. Nychuk advised it may happen misinterpreted as a "pleasure scream."
She responded, "we can not imagine anybody convinced that."
Nikdima accuses girl of envy
On Monday afternoon, the accused testified inside the very own defence.
Nikdima was created in Albania and invested the majority of his adult years in Greece before immigrating to Canada in 2013. With a Greek translator at their part, he told the court, "My English just isn't good."
Nikdima provided a significantly various form of the date as 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 automobile.