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Outpatient tells of sexual assault

A jury heard how a schizophrenic nearly strangled another psychiatric outpatient as he forced her to perform oral sex on him in Devonshire Bay.

The schizophrenic, a 57-year-old Warwick man who cannot be named for legal reasons, has pleaded not guilty of seriously sexually assaulting and causing actual bodily harm to a 42-year-old female on May 22, 2004.

The victim told a nine-woman, three-man jury in Supreme Court on Friday that she was was leaving MAWI to buy cigarettes on the day in question when the Warwick man said he "had something for her".

"I said 'What is it'? He said 'It's smoke,'" she said. "I thought it was weed. At the time I was not smoking cocaine."

She got on the man's bike and although she thought he would drop her off at the Collector's Hill gas station to buy cigarettes he started to travel in the opposite direction.

"He said: 'Shut up. We are going to Devonshire Bay to have a smoke'. I said: 'OK'," she said. "I was not going there to do anything other than have a smoke."

At Devonshire Bay, she followed him up to some trees and showed her a brown paper twist that contained a pebble but did not contain any drugs, she said.

"I said to him, 'What the f*** is this?'" she said.

However, the Warwick man then explained to her how he had been ripped off by "these guys" and he wanted to have sex with her.

She said she told him she did not want to have sex, however, he pushed her to the ground hard with his hands.

She said he asked her to perform oral sex on him and after initially refusing, she did so because she was afraid he would beat her up.

The Warwick man sat on top of her chest and squeezed her neck "real tight" with both hands so she could not breathe, she said.

He then put on a Rough Rider condom and sexually assaulted her, she said.

"After that happened, he had got off me and I got up and ran towards the beach," she said. "I cried, I walked up to St. Brendan's."

She described being terrified and was shaking all over while she was treated at King Edward VII Memorial Hospital (KEMH).

"I was upset, hurt," she said. "I was saying 'Why me?'"

Under cross-examination by defence lawyer Llewellyn Peniston, she admitted that at one point she had agreed to have sex with his client if he gave her something.

However, under further questioning by Crown counsel Graveney Bannister she said she had made it very clear to 57-year-old man that she did not want to have sex with him and this "agreement" was given before he allegedly tried to strangle her.

MAWI psychiatric nurse Carys Caisey also testified that the 42-year-old outpatient appeared "tearful and hyper-vigilant, over-aware of her surroundings, oversensitive to noises and just looking around her" when she saw her back at MAWI.

When Mrs. Caisey was asked if in the 14 years she had known the victim, whether she had ever seen her act hyper or complain of experiencing flashbacks, the nurse said that she had not.

The victim did have bi-polar effective disorder, she said, but she was very consistent in taking her medication which tempered severe symptoms like aggressive behaviour.

KEMH emergency physician Dr. Mustansir Malik told the court that after examining the victim on March 22, 2004, he saw swelling on the front of her neck.

Dr. Malik conceded it was possible that the swelling may not have been caused by strangulation, however, in this case the swelling was consistent with injuries.

Karla Looby said she was working at MAWI's Community Rehabilitation Services on the day of the alleged assault and saw the 42-year-old outpatient approach her acting irritable and impatient.

"I saw scratches on her arm," Ms Looby said. "They were very superficial so I just cleaned them."

Clinical Coordinator at MAWI Christopher Tuckett said the 42-year-old outpatient approached her that day to "file a complaint against a fellow client".

"At the time she approached me she appeared upset and angry," Ms Tuckett said. "Yes, she showed me her forearms. I saw long scratch marks."

The trial continues before Puisne Judge Charles-Etta Simmons.