Court hears woman had ‘significant injuries’ consistent with rape

32-year-old Calgary man on trial for 2015 aggravated sexual assault

Injuries suffered by a Calgary woman, who said she was brutally assaulted and raped in a downtown parking structure, were consistent with non-consensual sex, a doctor testified Thursday.

Dr. Johanne Gastonguay said she examined the woman, who can’t be identified, when she was brought by ambulance to Foothills Medical Centre on Dec. 20, 2015.

She said she examined the woman’s genitals to determine if there was any evidence of violent sex.

Gastonguay told Crown prosecutor Deven Singhal that even in cases of rape it’s rare to find medical evidence of forced intercourse.

“There’s considerable literature that tells me after having sex, most of the time, there’s nothing to see whether it was consensual or non-consensual,” she said.

But, she said, during this examination she found evidence of serious injury to the now 49-year-old complainant.

“To get these kinds of findings, it would take considerable force applied,” said Gastonguay, a member of the Calgary Sexual Assault Response Team.

“I have done many gynecological examinations over the course of 25 years; I have never seen that (type of damage),” she said.

Singhal asked, “Are these injuries that you observed consistent with someone being sexually assaulted?”

“Yes,” the doctor replied. “We can’t say whether it was consensual or not, unless there are significant injuries — this injury was a significant injury.”

On trial for aggravated sexual assault is Calgarian Andy Dick Ntunaguza, 32.

Under cross-examination by law student Ramai Alvarez, Gastonguay said it was possible DNA was left by one sexual partner of the woman’s while a second man could have caused the injuries.

DNA testing following the woman’s hospitalization found Ntunaguza’s semen present.

The doctor also told Alvarez there were no signs of intoxication by alcohol or drugs when she spoke to the complainant.

“She could give me precise and appropriate answers; she was alert, she was oriented.”

Gastonguay said she did not ask that the woman be tested for drugs, despite the woman’s admission to a history of drug use.

Despite that history, morphine was prescribed to the woman.

“Her injuries were significant enough to warrant substantial analgesics,” the doctor said.

Meanwhile, defence counsel Dale Fedorchuk completed his cross-examination of the complainant on Thursday.

Near the end of his questioning, he suggested the accused never hit her or choked her.

“Do you agree or disagree?” Fedorchuk asked. “I agree,” she said. The trial continues Friday with legal issues and the jury is back on Monday.

I have done many gynecological examinations over the course of 25 years; I have never seen that (type of damage).