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21 november 2009
Brutal rape or rough sex? Judge must decide
Source: cnews.canoe.ca
- Canoe.ca - Canada
A brutal rape involving a machete, bondage, cocaine and a bottle of rum or consensual rough sex leading to embarrassment and anger and the fabrication of a sex assault?
That is what an Edmonton judge must now decide after hearing closing arguments yesterday in a trial relating to an alleged attack on a woman at her Oliver apartment.
Philip Skulnec is accused of sexual assault causing bodily harm, sexual assault with a weapon, kidnapping, unlawful confinement, administering a noxious substance, uttering threats and possession of a dangerous weapon.
On Monday, the alleged victim -- a 27-year-old European who cannot be identified under a publication ban -- testified a machete-armed Skulnec forced her into her 15th floor suite, tied her up, made her snort cocaine, and then raped her and violated her with a booze bottle.
'CONSENSUAL'
Skulnec, 30, denied the Dec. 1, 2007, allegations when he took the witness stand in his own defence Tuesday and claimed the rough sex and drug use was consensual.
Defence lawyer David Paull yesterday called the testimony of the alleged victim "ludicrous" and an "out-and-out fabrication" and said it was riddled with inconsistencies.
"I think the whole thing is made up," said Paull, adding his client's version was "forthright and honest" and "not weakened or shaken at all" under cross examination.
Crown prosecutor Avril Herron argued it was Skulnec's evidence that was inconsistent and unbelievable and said his version of the sexual encounter doesn't make sense.
"I submit the accused cannot be believed," said Herron, noting a friend of the woman had described her after the alleged attack as "crying" and "absolutely helpless" and asking how that could be consistent with consensual sex.
The prosecutor also argued the woman's injuries, as described in court by a sexual assault response team nurse, matched her evidence, but not his.
A decision is slated for tomorrow.
