Schoolgirl sexually assaulted, jury told
assaulted her after their illegal love affair went bad, a Supreme Court jury was told yesterday.
The 27-year-old went on trial in Supreme Court yesterday after pleading not guilty to a five-count indictment which includes charges of serious sexual assault, deprivation of liberty and having unlawful carnal knowledge.
Crown Counsel Khamisi M. Tokunbo, appearing with co-counsel JoDina Pearman, told a ten-woman, two-man jury the charges stem from an illegal love affair gone bad. The accused -- who cannot be named for legal reasons -- is alleged to have abducted and committed a serious sexual and physical assault on his underage girlfriend in August, 1994. The girl, who was pregnant at the time, says she suffered a miscarriage as a result.
The man is also charged with having unlawful carnal knowledge as a result of living with the girl when she was 13-years-old.
Now 17, the complainant, speaking in a flat emotionless voice, said she and the accused started a stormy, sexual relationship in September, 1992 and later lived together for about two months.
She said the accused, who was 23-years-old at the time, was aware of her age and that she was attending a private school.
She told the court that on the evening of August 12, 1994 she received a phone call from the man asking her to meet with him.
"I told him no. I was trying to pull my life together and end this relationship,'' she said.
Later that evening she said she was walking near Victoria Park in Hamilton when the accused grabbed her by the neck from behind and forced her to walk across the park with him and into a waiting minivan.
She was told to lie in the back of the van and was driven to a Dundonald Street warehouse where she said the accused worked.
Once inside the warehouse he began shouting, asking why she wanted to end the relationship. The verbal abuse, she said, quickly turned into physical abuse.
"I went to leave but I couldn't because I needed a key. He asked me to come to him. I said no. He grabbed me by my neck in kind of a sleeper grip so I was hanging around his waistline.
"He dragged me to the back of the warehouse and threw me up against a wall.
He kneed me in the stomach about five or six times then he kicked me in the chest until I started vomiting. I bit my tongue and began bleeding.'' She testified the abuse abruptly stopped and the accused began hugging her, saying he loved her to death.
"At this point he asked me to take my clothes off. I said what for. He said he wanted to have sex.'' She told the court when she refused, the accused ripped her shirt and began punching her in the face. She was forced to have sex with him in the back of a container bottom and was later sexually assaulted in the minivan with a metal object about seven-inches long.
It was then that she started bleeding from her vagina.
Under a rapid-fire cross examination by co-defence counsel Kim Wilson, the complainant stuck to her version of events and admitted at one point she trusted and loved the accused "until he started beating me''.
Ms Wilson pressed the complainant on her version of events the night of August 12, pointing out that she could have called for help in Victoria Park and had opportunities to escape.
The complainant replied she did not see anyone in the park, despite it being early in the evening, and maintained that had she tried to escape the accused would have caught and beat her more severely.
The trial continues today before Puisne Judge Norma Wade.