Defence keeps woman initiated intercourse, closing arguments give attention to ways she don’t fight or yell no
Warning: This tale contains visual language and content that is disturbing.
Regina prosecutor Randene Zielke argued that to get Gioulian Nikdima not liable of intimate attack, Justice Fred Kovach will have to ignore compelling evidence that is medical think the alleged victim ended up being, “spiteful and vindictive toward this guy she hardly knew.”
“which can be preposterous, to put it mildly,” Zielke said during closing arguments in Saskatchewan Court of Queen’s Bench monday.
Nikdima, 49, is faced with sexual attack causing harm that is bodily.
A 48-year-old Regina woman stated she linked to Nikdima online dating website lots of Fish then came across face-to-face for an initial date in March 2016. She told the court that a coffee date by having a charming gentleman ended with him driving her outside town limitations and raping her.
The lady, whom can not 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 sex that is oral then penetrated her anally.
“I 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 for which her wording changed from the time she was interviewed by authorities in 2016 to her wording within the 2019 test.
“the data changed. It offers evolved. This has are more damning into the accused, which is due to the reconstruction of her memory,” Nychuk stated, arguing that the alleged victim has pieced together a variation of occasions “that she can now live with.”
Nychuk did not deal with the reality that their customer’s tale changed notably on the time period that is same.
During the test, Nikdima reported that the girl 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 their 46 mins of dental submissions to your reality the lady did not attempt to hightail it, fight the man off, or repeatedly yell “no.”
He argued the girl did not state that she clearly told Nikdima “no” until following a police prompted her to take action.
You would need to genuinely believe that she actually is a crazy, spiteful, vindictive individual.
– Randene Zielke, Senior Crown Prosecutor
He argued that your ex description of exactly exactly how Nikdima picked her up “like a cloth doll” and manoeuvred her around when you look at the backseat therefore that he could penetrate her from behind had been “illogical.”
“she actually is a non-willing, non-actively participating person that is ‘frozen’. although I do not quite realize that. and yet my customer has the capacity to pick her up,” Nychuk states, conveying doubt. “It does not seem sensible.”
Nychuk additionally questioned your ex credibility according to her description that she experienced the backseat of this car to obtain her bag in place of trying to try to escape when you look at the available industry.
Kovach stopped Nychuk at that true point, and stated, “But was not her phone in her bag?”
Alleged victim is ‘credible and dependable’
Zielke, a senior Crown prosecutor, argued that the alleged victim had been “credible and dependable” and that her testimony had been sustained by corroborating proof, including accidents documented within an exam that is five-hour.
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.
Zielke took problem utilizing the defence’s step-by-step distribution about what the lady “didn’t do” and stated consent that is”implied is perhaps perhaps perhaps not centered on legislation.
“Consent isn’t the lack of ‘no.’ It will be the existence of ‘yes,’ ” Zielke said.
The prosecutor cited the Supreme Court’s directives how permission must certanly be acquired. The greatest court has ruled that too little opposition doesn’t indicate permission and therefore permission this is certainly provided under duress or according to fear will not qualify as real consent. The alleged victim said she was terrified in this case.
The Supreme Court additionally stipulates that consent for starters act that is sexual maybe not universal permission for many 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” so it would count as explicit, maybe not suggested, permission.
Zielke countered by urging the judge to think about 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 maybe maybe perhaps not believable. Why ended up being she hurt therefore defectively?”
Alleged target’s motive
Zielke stated the lady would not embellish or exaggerate exactly exactly what occurred. She cited examples that are several that the woman’s actions had been in line with her tale, rather than the person’s.
For instance, Nikdima advertised which he wanted to make use of a condom but that the girl said and refused, “I’m safe.” Zielke stated the man’s tale is not legitimate because the girl invested per year following the so-called attack undergoing bloodstream work and evaluating for sexually transmitted conditions, actions which are not in line with somebody who voluntarily foregone a condom.
As soon as the girl got house, she removed her Plenty of Fish account instantly.
Zielke additionally questioned what motive the lady will have to falsely accuse a person that she hardly knew, and topic herself towards the humiliation and intrusion of the intercourse attack exam, numerous authorities interviews, an initial hearing and an extended test that, entirely, spanned 36 months.
“You would need to think that she is a crazy, spiteful, vindictive individual.”
Kovach is planned to produce the verdict on September 5.