’we felt frozen’: girl whom claims she ended up being raped by a lot of Fish date asked in court why she didn’t fight
Crown objects to questions she said donate to ’rape misconception,’ accused, 49, denies wrongdoing
Warning: tale contains visual language and content that is disturbing.
A 48-year-old Regina girl has testified that exactly what started as a coffee date by having a charming gentleman ended with him driving her outside town limitations and raping her nearly 3 years ago.
Gioulian Nikdima, 49, happens to be 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 that is having.
The complainant, but, told Kovach that she felt terrified but still suffers flashbacks that are daily.
”I feel just like it is my fault, but we said no. From the saying no,” testified the girl, who’s perhaps not being identified due to a book ban.
All i really could think about is, ’Dear God, it will 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” regarding the online dating app Plenty of Fish. She was told by him he ended up being a divorced daddy called John.
Following a week of communications, they christianmingle 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 it had been thought by her had been sweet.
”It felt good to be around an individual who desires to be a gentleman. That does not take place much these full times,” she stated, in accordance with the court transcript.
She had been looking a full wife, but he stated he had been keen on casual relationship. The time that is only arrived up in discussion, she stated, had been as he informed 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 meal at Lancaster’s in Harbour Landing, within 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 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 said, he informed her, ”’We’ll increase right right here and go after a little bit of a walk. It really is a fantastic 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 started getting, and pulling and twisting within my breasts,” she told the court. ”He stated, ’Do for you to do it into the ditch or perhaps in the seat that is back of vehicle?’ and I also stated, ’No, simply can I am taken by you to your vehicle, and, like, this might be too fast, it is not the things I’m trying to find.'”
She stated he replied, ”’It’s okay, it really 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 possibly could run.”
As he guided her towards 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 door and acquire away. However the hinged home wouldn’t 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 happened to be frightened to fight, than I am because he was stronger. And there was clearly actually no space to fight,” she stated. ”All i possibly could think about is, ’Dear Jesus, it’s going to be over soon.'”
Afterwards, she stated, he handed her a tissue and shared with her to completely clean 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 repeatedly up against the home. Then, she said, she was thanked by him if you are their personal gift.
As soon as the girl got house, she quickly deleted 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
Your ex daughter convinced her to attend a healthcare facility, as well as on the Monday evening, she went for the rape exam, where nurses reported bruises and lacerations. an officer went to during the medical center, but do not just just just take her declaration straight 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 had been right back on change, on Wednesday, March 23.
The girl told the court that tracking their electronic footprint made her feel safer, but she ended up being also concerned ”he had been still on the market, and may harm some other person.”
Adding to ’rape fables’
During cross-examination, Nikdima’s attorney, Barry Nychuk, attempted to poke holes within 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 intimate assault victims that prove to undermine their credibility.
Nychuk asked the girl why she did not cry while she responded RCMP questions on recorded video clip.
The girl had cleaned rips away. But, she told the court, ”I happened to be in surprise and I also do not think i really could cry.”
Nychuk asked about just just how several times she said no to your accused and just why she did not battle.
”You allow him take action. Which 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 girl said.
A little later on, the defence attorney stated, ”You might have simply relaxed, real. You might have resisted?”
The girl responded, ”I became simply wanting to endure.”
Nychuk additionally asked the girl why she don’t instantly phone police.
”you phone the police that day? if it was so horrific, why didn’t”
Zielke, the prosecutor, said that type of questioning added to ”rape misconception” and conclusions that the Supreme Court has considered unsatisfactory.
”It is our viewpoint that it’s according to fables and stereotypes of exactly how victims of intimate attack behave,” Zielke stated.
Nychuk additionally pursued questions about the girl weight вЂ” that she was 70 pounds heavier than the accused вЂ” plus the type of her scream.
Within the authorities meeting, the girl had been expected to re-enact her scream. Nychuk proposed it may are 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 in his very own defence.
Nikdima was created in Albania and invested almost all of his adult years in Greece before immigrating to Canada in 2013. With a Greek translator at their part, the court was told by him, ”My English is certainly not good.”
Nikdima provided a version that is dramatically different of date as compared to girl. He insisted the lady instigated everything, such as the stroll beyond your town, then dental, genital and anal intercourse inside the automobile.