Rape trial finally gets going

A 17-year-old rape case started today in the High Court where a teenager stands accused of raping a 13-year-old girl.

Theodore Tudor, now in his 30s, is accused of having sexual intercourse with the girl, now 30, without her consent, knowing that she did not consent or was reckless as to whether she so consented. The offence allegedly occurred on December 29, 2003.

Crown Counsel Joyann Catwell, in her opening address, spoke at length about what the charge of rape entails.

She explained rape as the unlawful sexual activity or sexual intercourse which occurs when a person intentionally penetrates another person’s vagina, anus or mouth with a penis, body part or object, without the consent of the victim.

“Section 23 of the Sexual Offences Act states that the Crown does not have to prove the completion of intercourse, neither the emission of seed and by that I mean, we don’t need to prove ejaculation. Instead, there must be proof of penetration, any penetration to any degree, the slightest amount will be acceptable in law,” she explained.

She also informed the jury that the age of the matter was due to systematic delays.

In outlining the prosecution’s case, she said that the complainant started the day having therapy at the hospital and proceeded to spend the day at her best friend’s house, something she was accustomed to doing. Tudor was her best friend’s boyfriend.

The girl said she was feeling unwell and asked to go to a bedroom. Tudor happened to also be in the room and asked everyone to leave. When the complainant tried to leave, he blocked her path and locked the door. He then kissed her, told her he loved her and then had sex with her for about 15 minutes. She struggled with him during the act.

Afterward, the girl called a friend and left in pain and was said to be bleeding when she got home. She had to be hospitalized.

The case continues Wednesday at 9:15 a.m before Justice Christopher Birch in the No. 5A Supreme Court. Senior Crown Counsel Oliver Thomas also appears for the Crown and defence lawyer Rita Evans represents Tudor.