An alleged victim of a sexual assault fainted after questioning from a Queen's Counsel lawyer.

Defence lawyer Saul Froomkin was in the midst of cross-examining the woman, who cannot be named, about apparent inconsistencies in her testimonies when the Supreme Court took a short break. She fainted outside the courtroom during the break and was taken to the hospital.

During the trial the woman, Mrs. X, alleged that a man she was friendly with raped her on January 23, 2003.

Under cross-examination yesterday, Mr. Foomkin asked why she reported the rape three years after it happened, on April 12, 2006 — the same day her husband was charged with assaulting Mr. Y.

"I went to the Police when I found out he was stalking my daughter," she replied. "It was the first time I made a formal complaint. I went to Police before and made statements, I don't know where they went."

After further pressing from Mr. Froomkin she admitted that in the preliminary inquiry hearing for the trial she had told the Magistrate that she first made the allegation of rape to Police on April 12, 2006.

Mrs. X also told the court that she and Mr. Y had exchanged sexual emails where they used codes to hide what they were talking about, including emails sent after the date of the alleged rape.

She also admitted that prior to reporting the alleged rape in 2006 both she and the defendant had received court orders. She was ordered to stop harassing the defendant, Mr. Y, and he was ordered to stop calling her.

Shortly before the lunch break Puisne Judge Charles-Etta Simmons called for a short break at this juncture to hear legal arguments from Mr. Froomkin and Crown cousel Robert Welling when Mrs. X fainted.

The trial resumes this morning.