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Victim recounts waking up in hospital after alleged sex attack

The victim of an alleged sexual assault gave an emotional account of the morning after she went out for drinks and food on New Year?s Eve in 2001.

The woman ? who cannot be named for legal reasons ? said she woke up at King Edward VII Memorial Hospital wrapped in a blanket. It wasn?t until she returned home that she noticed bruises on her knees and elbows and scratches on her leg.

The woman was testifying on the second day of a Supreme Court trial where a man has been accused of giving her a date rape drug.

?I asked where my trousers were,? she recalled asking a nurse at the hospital. ?The nurse asked me if I wanted to take a shower and I asked her why. She said that I was dirty, so I said that I would take one if she wanted.

?I did not remember getting an exam done.?

The woman was responding to questions from Acting Director of Prosecutions Kulandra Ratneser, who is appearing for the Crown with the assistance of Crown counsel Oonagh Vaucrosson.

Earlier, a forensic expert ? Jeffrey Molder of the Royal Canadian Mounted Police ? said the DNA found on the victim matched that of the defendant.

The woman said she went to Blue Juice night club on the evening of December 31, 2001 and ate food from a buffet and drank a vodka and orange drink.

?Later I had a tequila shot with some friends, then we talked and ate some more.?

She said she had a glass of complimentary champagne and then about ten minutes later did not remember anything except waking up at the hospital the next morning.

Mr. Ratneser pointed to the defendant, while asking the victim: ?Do you know this man ? have you seen him before? ?

She glanced at him and replied: ?No.?

Mr. Ratneser added: ?Do you remember consenting to any sexual activity??

?No,? she said.

During the first day of the trial on Monday, the four-man, eight-woman jury heard that the accused allegedly admitted walking on Dundonald Street with the victim before walking toward a side street near Wheels Cycles.

He said he secured a cardboard sheet for the woman to sit on before engaging in sexual activity.

The first witness on Monday, Chavon Outerbridge, told the court she saw the victim walking near Bull?s Head Car Park without her pants. ?She seemed confused... she didn?t know where she was going or where she was.?

She then took the woman to the Hamilton Police Station.

Jurors were then shown pictures of the woman?s knees and elbows.

In other testimony yesterday, Dr. Basil Wilson, who examined the victim at the hospital told the Court: ?She was confused and frightened. She told me she was menstruating and had vomited.

?I found no internal or external injury to the vagina. But the cervix was reddened. On the anus and rectum area, I did not find any injury.

He said he did not see any injuries on other parts of her body.

Dr. Wilson explained that several things can cause reddening of the cervix including, ?trauma from sexual intercourse or infection?.

?Reddening can also be caused by menstruation,? he said.

Defence lawyer Larry Scott asked: ?Have you observed more reddening in other cases? What can cause it??

?Yes, I have,? Dr. Wilson said. ?It is usually caused by more violence, or force.?

?In consensual intercourse can that reddening occur?,? asked Mr. Scott.

?Yes,? said Dr. Wilson.

Toxicologist Christine McEachern said the victim had 195 millilitres of alcohol in 100 milligrams of blood and 286 millilitres of alcohol in her urine.

?She would have had to consume 15 ounces of spirits ? over half a bottle,? Ms McEachern said.

She also said there were no drugs found in the victim?s blood or urine samples.

Mr. Scott asked Ms McEachern if a date rape drug would have been found in the blood tests.

?Yes, I would have found it,? she said.

The trial resumes this morning before Chief Justice Richard Ground.