Defendant takes stand in sex assault trial
A 60-year-old man who allegedly raped a 44-year-old woman claimed the victim cried rape because she did not like the present he had given her.
The man, who cannot be named for legal reasons, said he had propositioned the woman and in return promised her a present if she went through with the sexual act.
He said they had sexual intercourse without a struggle, but when she saw the present - she got upset.
The Supreme Court also heard from the doctor who examined the alleged rape victim, and he said outside of bruising on her cervix - she suffered no other injuries.
A Pembroke male has denied raping the 44-year-old woman on January 3, 2001.
The Crown's case is that the defendant entered the woman's room early in the morning and raped her.
Defence lawyer Larry Mussenden argued that the couple had consensual sex and that the woman was upset about not receiving her promised gift and then called rape.
The defendant told the ten-woman, two-man jury that on the morning in question he had prepared breakfast for everyone.
He said he offered the woman tea, but she had said she was not ready for it yet.
He said watching television, he went into her room and asked her to have sex with him in return for a present. He said she was reluctant at first, but then agreed to do it and the "sexual escapade" lasted between five and ten minutes.
Defence lawyer Larry Mussenden asked what did he mean by sexual escapade and the man said he meant: "Sexual intercourse."
The accused claimed that there was no violence and that the woman was not forced into participating.
Dr. Basil Wilson, who is a member of the Sexual Assault Response Team (SART) at the King Edward VII Memorial Hospital said the woman had no obvious injuries, although she was suffering some pain in her abdomen.
A statement which was prepared on January 22, 2001, by Dr. Femi Bada was read into evidence and it said he had examined the defendant, but there were no visible lacerations or bite marks on any part of his body.
The jury also heard from Det. Con. Garic Swainson, who told the court that he was the arresting officer.
He said he found the man hiding under a desk in the upstairs office at the St. George's residence.
He said he had handcuffed the defendant, sat him on a chair and went downstairs to meet the Scenes of Crimes officers.
He claimed that when he returned, the accused said: "I put her in a choke hold this morning, so now she is acting up."
Mr. Mussenden asked the defendant what if anything did he say about choking her.
The defendant said I had said: "She was acting up this morning and I felt like giving her a choke."
The case continues today before Puisne Judge Charles-Etta Simmons.
