Posted on May 20, 2011

Sperm Stealing Alleged in Rape Case

Paul Turenne, Ottawa Sun, April 30, 2011

A Winnipeg man on trial for rape claims he was forced to have anal sex with his alleged victim against his will, accusing her of stealing his sperm so she could have a mixed-race baby.

When asked by the Crown whether he thought pregnancy could result from anal sex, the man replied: “I’m not in the medical profession.”

The trial of Hilaire Ndyat, 42, wrapped up in Winnipeg Friday, with Justice Gerald Chartier reserving judgment on whether he will find the man guilty of one count of sex assault. His decision is expected next month.

Ndyat, a native of the Democratic Republic of Congo who moved to Winnipeg in 1996, is executive director of the Winnipeg Afro-Aboriginal Crosscultural Association and is also involved with numerous inner-city and cultural organizations and committees.

Ndyat is accused of raping a female acquaintance inside his West Broadway apartment in March 2008, with the Crown suggesting he may have drugged the woman’s beer before raping her.

However, while testifying in French at his trial Tuesday, Ndyat claimed it was the woman who forced herself on him and that he didn’t resist because women are revered in his culture and he didn’t know how to react to her advances.

Ndyat testified that he only resisted when the woman removed his condom and tried to force anal penetration.

“I found that disgusting. I pushed her away and ran to the bathroom to wash up,” he said. “In my culture, anal sex is taboo.”

Ndyat said he became concerned when he later discovered his used condom was missing and remembered the woman had told him of her fondness for mixed-race children.

“I thought she wanted a black man’s sperm as she mentioned earlier during the conversation that she’d like to have a mixed child, (she was) using me as a sperm donor by stealing sperm from me,” he wrote in a 2008 statement to police and his employer.

When asked on the stand whether he knew that anal sex doesn’t lead to pregnancy, Ndyat said he is not a doctor.

“His version of the events insults our intelligence and defies common sense,” prosecutor Lisa Cupples told court during Friday’s closing arguments. “His testimony makes no sense.”

Ndyat’s counsel argued the woman’s story is not credible and suggested Ndyat be acquitted.