Stewart defence team's final witness says woman told him she made up rape story

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The case against accused knifepoint rapist James Stewart took a surprising turn Thursday when his defence team called its final witness, who claimed the alleged victim said she’d fabricated the rape story.

Adam Noseworthy, who met the accused rapist in group therapy while both were in the military, told court he bumped into the alleged victim at an Ottawa dog park days after the alleged sex attack, and recalled her saying the words, “I made it up.”

“I was shocked that she said it,” Noseworthy testified.

The military pay clerk couldn’t recall the context or her words before or after the statement in question. He said it was right after she told him she had been raped.

In cross-examination by Assistant Crown Stephen Donoghue, the witness believed she was referring to her rape allegations.

“Is it possible that she said, ‘I hope people don’t think I made it up?’ ”

“I didn’t hear her say that,” Noseworthy replied.

“Is that possible?” the prosecutor asked again.

“Anything’s possible,” the witness answered.

In examination-in-chief by his lawyer, Michael Spratt, the witness said he didn’t go to police with the information about the key conversation.

He said he spoke to his boss, and though they suggested going to police, he never did.

“I didn’t do anything with the information and life goes on,” Noseworthy said.

Former army corporal James Stewart, 38, is on trial for the alleged 2016 knifepoint rape of an Ottawa woman.

Stewart, who now lives in Thunder Bay with his parents, has already admitted that he hit her, waved a knife at her, threatened to kill her, grabbed her by the throat and threw her down on the bed.

But he has maintained the sex that followed was consensual.

Stewart testified that, seconds after he had her by the throat, he suggested they have sex and she agreed.

In a June 2016 police interview after his arrest, Stewart made it sound like it was the woman’s idea to have sex.

“We fought, and then all of a sudden, it was like a switch (and then she said), ‘You know what? Let’s have sex,’ and she starts ripping off her clothes.

“So I’m like sure, of course. I’m going to have sex. This is awesome!” Stewart told the detective.

Stewart and the woman weren’t strangers. And while Stewart says the sex was consensual, the woman tells a much different story. She took the stand earlier this week and testified that Stewart terrorized her at knifepoint, pressing the blade against her naked body, explaining how easy it would be to disfigure her so that no other man would want her.

She said he threatened to slit her dog’s throat in front of her, said he’d kill her mom and her friend’s children, and said he’d cut off her breasts and cauterize the wounds with a frying pan.

“It was terrifying,” the woman, in tears, told court.

In testimony that silenced the court, the woman testified that in June 2016 Stewart begged her to share a bed with him and billed it as a “dying man’s request” and that the least she could do was show him “compassion.”

“I was crying … I was absolutely terrified. He had both hands on my neck and I couldn’t breathe.”

She said she complied with his demands to undress out of fear.

The woman told court that she was raped a second time at knifepoint, and while it was the last role she wanted to play, she pretended to enjoy it strictly out of fear.

Minutes after he allegedly raped her a second time, the woman agreed to have breakfast with her accused rapist, and played a game of cribbage with him.

“I believed he would make good on his threats … I did what I was told,” the woman told court.

Because the defence has already conceded a number of charges, from assault to uttering threats, the judge has only to decide whether Stewart committed rape at knifepoint. The remaining charges to be decided are sexual assault and sexual assault with a weapon.

The judge will make her ruling later this month.

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