Crown claims tale told through Regina guy accused of rape on a great amount of Fish date is ‘preposterous’

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Crown claims tale told through Regina guy accused of rape on a great amount of Fish date is ‘preposterous’

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

Warning: This tale contains graphic 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.”

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

Nikdima, 49, was faced with intimate attack causing physical damage.

A 48-year-old Regina girl stated she associated with 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 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 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 into the 2019 test.

“the data changed. This has evolved. This has be much 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 form of occasions “that she can now live with.”

Nychuk did not deal with the truth that their customer’s tale changed notably within the exact same time frame.

During the test, Nikdima advertised that the lady had been the aggressor and initiated sex, alleging that she yelled, “F–k me, f–k me.” Nikdima failed to share that type of events with police as he had been interviewed after their arrest in 2016.

Nychuk devoted a lot of their 46 moments of dental submissions to your reality the lady did not you will need to try to escape, fight off the person, or repeatedly yell “no.”

He argued the lady did not state that she clearly told Nikdima “no” until after having a officer 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 the girl description of just just how Nikdima picked her up “like a cloth doll” and manoeuvred her around into the backseat therefore that he could penetrate her from behind had been “illogical.”

“this woman 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 the girl credibility centered on her description that she found myself in the backseat associated with car to obtain her bag in the place of wanting to try to escape when you look at the available industry.

Kovach stopped Nychuk at that 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 was “credible and dependable” and tthe womanefore her testimony ended up being supported by corroborating proof, including accidents documented during a five-hour exam.

Intimate attack nurse examiner Stephanie Carlson told the court that she’s got carried out significantly more than 600 rape exams and just once before has she seen an outside anal injury since big as usually the one entirely on this girl.

Zielke took problem because of the defence’s detail by detail distribution about what the lady “didn’t do” and stated “implied permission” is perhaps perhaps perhaps not predicated on legislation.

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

The prosecutor cited the Supreme Court’s directives on what permission must certanly be acquired. The court that is highest has ruled that too little opposition doesn’t indicate permission and that permission that is offered under duress or according to fear will not qualify as real permission. In this instance, the alleged victim stated she ended up being terrified.

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

Justice Kovach interrupted Zielke many times to simplify that when he thinks Nikdima’s declare that the girl 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 associated with the guy’s testimony as he stated the girl guided their penis easily into her rectum, without lubrication or force.

“that is merely perhaps perhaps perhaps not believable. Why ended up being she hurt therefore defectively?”

Alleged target’s motive

Zielke stated the girl didn’t embellish or exaggerate just just exactly exactly what took place. She cited a few examples in that the female’s actions had been in line with her tale, and never the guy’s.

For instance, Nikdima advertised which he agreed to work with a condom but that how to see who likes you on chinalovecupid without paying the lady declined and stated, “I’m safe.” Zielke stated the person’s tale is not credible because the girl invested per year after the so-called attack undergoing bloodstream work and evaluating for sexually transmitted conditions, actions that aren’t in keeping with a person who voluntarily foregone a condom.

Whenever girl got house, she removed her Plenty 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 think that she actually is a crazy, spiteful, vindictive individual.”

Kovach is planned to provide the verdict on September 5.

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