Crown states tale told by Regina guy accused of rape on a good amount of Fish date is ‘preposterous’

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Defence keeps woman initiated intercourse, closing arguments give attention to means she didn’t fight or yell no

Warning: This tale contains visual language and content that is disturbing.

Regina prosecutor Randene Zielke argued that to locate Gioulian Nikdima not liable of intimate attack, Justice Fred Kovach would need to ignore compelling medical proof and think the alleged victim was, “spiteful and vindictive toward this guy she hardly knew.”

“which will be preposterous, to put it mildly,” Zielke said during closing arguments in Saskatchewan Court of Queen’s Bench monday.

Nikdima, 49, happens to be faced with intimate attack causing harm that is bodily.

A 48-year-old Regina girl stated she linked to Nikdima on the net site that is dating of Fish after which came across face-to-face for an initial date in March 2016. She told the court that the coffee date by having a gentleman that is charming with him driving her outside town limitations and raping her.

The lady, whom can’t be identified because of a book ban, testified that Nikdima yanked down her jeans and forcibly penetrated her vaginally, pushed her face down seriously to perform dental intercourse, then penetrated her anally.

“we felt frozen,” the woman testified.

Defence questions ‘inconsistencies’

Defence attorney Barry Nychuk stated in their argument that is closing that female’s testimony is not dependable, pointing to examples by which her wording changed from the time she was initially interviewed by authorities in 2016 to her wording within the 2019 test.

“the data changed. It offers developed. It offers be much more damning to your accused, and it’s also due to the reconstruction of her memory,” Nychuk stated, arguing that the alleged victim has pieced together a version of activities “that she will now live with.”

Nychuk did not deal with the reality that their customer’s tale changed notably throughout the time period that is same.

During the test, Nikdima stated that the lady had been the aggressor and initiated sex, alleging that she yelled, “F–k me, f–k me.” Nikdima would not share that version of events with police as he had been interviewed after their arrest in 2016.

Nychuk devoted a lot of his 46 mins of dental submissions towards the fact the lady did not attempt to try to escape, fight the man off, or repeatedly yell “no.”

He argued the girl did not state that she clearly told Nikdima “no” until after having a police prompted her to do this.

You will have to genuinely believe that she actually is a crazy, spiteful, vindictive individual.

– Randene Zielke, Senior Crown Prosecutor

He argued that the girl description of exactly exactly just how Nikdima picked her up “like a cloth doll” and manoeuvred her around within the backseat therefore that he could penetrate her from behind had been “illogical.”

“this woman is a non-willing, non-actively participating person who is ‘frozen’. although I do not quite realize that. and yet my customer has the capacity to grab her,” Nychuk claims, conveying doubt. “It does not sound right.”

Nychuk additionally questioned the girl credibility considering her description that she found myself in the backseat of this automobile to have her bag as opposed to attempting to try to escape into the field that is open.

Kovach stopped Nychuk at that point, and stated, “But was not her phone in her own bag?”

Alleged victim is ‘credible and dependable’

Zielke, a senior Crown prosecutor, argued that the alleged victim had been “credible and dependable” and tthe womanefore her testimony ended up being sustained by corroborating proof, including accidents documented during an exam that is five-hour.

Intimate assault nursing assistant examiner Stephanie Carlson told the court that she’s got carried out significantly more than 600 rape exams and just as soon as before has she seen an outside anal injury since big as the only entirely on this girl.

Zielke took problem utilizing the defence’s step-by-step distribution about what the girl “didn’t do” and stated “implied permission” is maybe maybe not considering legislation.

“Consent isn’t the lack of ‘no.’ It may be the existence of ‘yes,’ ” Zielke said.

The prosecutor cited the Supreme Court’s directives how permission should be acquired. The greatest court has ruled that too little opposition doesn’t indicate permission and therefore permission this is certainly offered under duress or predicated on fear will not qualify as real permission. The alleged victim said she was terrified in this case.

The Supreme Court additionally stipulates that consent for starters act that is sexual perhaps maybe maybe not universal permission for several intimate functions.

Justice Kovach interrupted Zielke many times to simplify that when he thinks Nikdima’s declare that the lady stated “f–k me personally, f–k me personally” it would count as explicit, perhaps not suggested, permission.

Zielke countered by urging the judge to take into account the plausibility for the guy’s testimony as he stated the lady guided their penis easily into her anal area, without lubrication or force.

“This is merely perhaps positive singles complaints perhaps not believable. Why ended up being she hurt therefore defectively?”

Alleged target’s motive

Zielke said the lady would not embellish or exaggerate just exactly exactly exactly what took place. She cited a few examples in that your female’s actions had been in keeping with her tale, rather than the guy’s.

As an example, Nikdima stated which he wanted to work with a condom but that the girl declined and stated, “I’m safe.” Zielke stated the person’s tale isn’t legitimate considering that the girl invested per year following the assault that is alleged bloodstream work and screening for sexually transmitted conditions, actions that aren’t in line with somebody who voluntarily foregone a condom.

If the girl got house, she removed her loads of Fish account straight away.

Zielke additionally questioned what motive the lady will have to falsely accuse a guy herself to the humiliation and intrusion of a sex assault exam, multiple police interviews, a preliminary hearing and a prolonged trial that, altogether, spanned three years that she barely knew, and subject.

“You would need to genuinely believe that she actually is a crazy, spiteful, vindictive individual.”

Kovach is planned to supply the verdict on September 5.