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Supreme Court jury trial

Complainant alleges sexual assault

Tara Kearsey
Northern News Services

Yellowknife (June 26/02) - A jury trial is underway this week for an alleged rape that occurred on Tin Can Hill last summer.

It is alleged the accused had sexual intercourse with a 20-year-old woman without her consent after the pair went for a walk on Tin Can Hill. The alleged incident occurred last July 6.

In Supreme Court Monday, a jury of eight women and four men heard testimony from the victim, her common-law husband, her mother's boyfriend and her common-law's aunt.

The victim claims she left a home in Ndilo after 5 p.m. on the day in question to go shopping downtown.

She met with the accused, whom she was acquainted with, outside the Right Spot bar a short time later.

The victim claims the accused bought alcohol at the liquor store and then the two went for a walk to Tin Can Hill to talk and drink.

The victim said the accused then forced himself on her, held her ponytail with one hand and pulled her pants down with the other.

The victim said she told him to stop and tried to push him off of her, but he was too heavy.

Defence lawyer Scott Duke said the accused did have sex with the complainant, but it was consensual.

He is arguing she began having sex with the accused, but then changed her mind because she did not want her common-law to find out.

The trial is expected to wrap up sometime today.