Tribune Staff Reporter
ljohnson@tribunemedia.net
A GIRL declined to immediately report her alleged sexual assault because she was threatened and did not want to ruin her good relationship with the wife of her attacker, a jury heard yesterday.
The timid teenager pointed to 51-year-old Joseph Andrew Foulkes, seated in the prisoner’s dock, as the man who, sometime before the summer of 2012, had allegedly forced her to have sex while her weekend guardian and others were out of the house.
The minor denied Foulkes’ lawyer’s suggestion that she was being coached into making up to the story to destroy his client’s name and reputation.
Foulkes, son of former Governor General Sir Arthur Foulkes, has pleaded not guilty to the single count of unlawful sexual intercourse with which he is charged.
Court dockets note that the alleged crime was committed between January 1 and June 30, 2012.
The girl was 13 at the time.
Raquel Whymms and Darell Taylor are prosecuting the case while Bernard Ferguson is defending Foulkes.
In yesterday’s hearing, the girl testified that on a Sunday morning during the period in question, she was at her guardian’s house, a normal practice for her on weekends.
The accused, whom she knew as Joseph Foulkes, had taken her guardian to work before returning to the house to inform his son that he was going to take him to church.
The girl said she ate breakfast and went into the kitchen to wash the dish she had used. She said Foulkes came into the kitchen before he left to take his son to church.
When he returned, he came into the bedroom where she was watching television and sat on the bed before putting his hand on her chest.
“He told me to look into his eyes and when I looked into his eyes, he said if I told anyone he would choke and kill me,” the girl testified.
“He told me to take off my clothes,” the teenager said.
She told the court that she disrobed and that her alleged attacker instructed her to bend over near the dresser and he proceeded to have sex with her for five to 10 minutes.
“I told him I was hurting and he told me to shut up,” the girl said, adding that after he was done, he finally let her go to clean up.
She said her abdominal area and genitals were in pain when she urinated and upon wiping herself, she saw blood. Moments later, the man entered the bathroom and tossed her clothes at her to get dressed, she said.
The man’s son had arrived from church and her guardian from work two hours later.
“Did you tell anyone?” Ms Whymms asked the complainant.
The girl said no and when asked why, she replied, “I was scared after he threatened me and I didn’t want to ruin our relationship.”
“Before that Sunday, did he ever have sexual intercourse with you?” the prosecutor asked. The girl said no.
The complainant said she did tell someone of the incident but it was not “the correct story.”
It was not until February 2013 when her parents found out about the initial story that she came clean on what really happened, she added.
“Had you ever engaged in sexual intercourse before that incident?” the prosecutor asked. The girl said no.
“Why didn’t you tell your godmother the true story?” the prosecutor asked.
The complainant repeated that she was afraid of doing so and the possible fallout with her guardian.
In cross-examination, Mr Ferguson asked the girl if she agreed that she had stayed at her guardian’s house on more than one occasion. The girl said she did every Friday through Sunday.
“Prior to this, you never had a problem with Mr Foulkes?” the lawyer asked. The girl said no.
“Were you ever alone with Mr Foulkes prior to this incident?” the lawyer asked. The complainant said yes and agreed that he had never done anything inappropriate before the day in question.
“He treated you well? Like one of his own?” Mr Ferguson asked.
The girl replied: “Yes, sir.”
Mr Ferguson asked the victim if Mr Foulkes had ever disciplined her on the occasions that she stayed at her guardian’s house. The girl said no.
“What were you wearing that day?” the lawyer asked. The girl said she wore a shirt and jeans.
“Did you try to move or get out of the room when he entered?” Mr Ferguson asked next. The girl said she did not and said this was because she was comfortable.
“This incident you described did not really happen did it?” Mr Ferguson asked.
“Yes, sir,” the girl replied, also disagreeing with the suggestion that Mr Foulkes never touched her or had “intimate relations” with her.
“Who coached you? I put it to you, somebody put you up to ruin this man,” the lawyer suggested.
The complainant denied these suggestions.
The trial resumes today before Senior Justice Stephen Isaacs.
