Second alleged victim felt 'scared and frozen,' Hay River, N.W.T., sexual assault trial hears

WARNING: This story contains details of sexual assault and may affect those who have experienced​ ​​​sexual violence or know someone affected by it.

The sexual assault trial of three men continued on Tuesday in Yellowknife, with the second alleged victim testifying in court that she felt "scared and frozen" during the incident in Hay River, N.W.T., two years ago.

So far, the court has heard testimonies from both alleged victims, the lead RCMP investigator, and two witnesses.

The judge-alone trial is in its fourth day for the three accused — Maher Sellemi and Hassen Zellama, each charged with two counts of sexual assault, and Amine Zahi, charged with one count of sexual assault. The charges are from an alleged incident in July 2022 involving two victims.

According to the Crown, the three accused met the alleged victims at the Hay River Legion Branch over drinks early on July 3. Later, all five went to a house belonging to one of the accused. The victims' identities are protected under a court-ordered publication ban.

The second complainant testified that she was at the Legion and invited for drinks by Sellemi, but was highly intoxicated and does not recall leaving the venue later that night.

She remembered being at the house with the other alleged victim, Sellemi, Zellama, and Zahi, all of whom she identified in court.

She described entering a bedroom with the other complainant and the three men, at which point Zellama locked the door from inside. 

"I was scared and frozen," she testified, stating that Zahi removed her T-shirt, Sellemi pulled down her pants, and Zellama touched her breasts — all without her consent.

The complainant broke down in court while describing these details.

She further testified that she remembered being naked in a bathroom with Zahi, who touched her and attempted  to penetrate her, as she tried to push him away.

Later, when the other complainant knocked on the door wanting to leave, she said she put her clothes back on and opened the door. 

Outside, she saw Sellemi and Zellama standing near the other complainant, with Zellama touching her. She said she angrily told the two men to stop, and they complied.

As the first complainant testified on Monday, both women left the house and were later dropped off at their home by a witness who happened to be driving by.

The second complainant told the court that the experience was scary, prompting herself and the other alleged victim to write down notes recounting the events.

Ravi Prithipaul, Zellama's lawyer, argued in court that it was the two women who initiated kissing each other while in that room. He also denied the complainant's claim that Zellama removed her clothes and touched her, stating that his client went to the kitchen at the time.

During cross-examination, Prithipaul pointed to inconsistencies in the complainant's testimony, stating that while she claimed she could not recall being invited to the accused's home, but her own notes stated "they invited us for drinks after the bar was closed."

The trial continues Wednesday, with the Crown indicating it will wrap up by Thursday.

Support is available for anyone who has been sexually assaulted. You can access crisis lines and local support services through this Government of Canada website or the Ending Violence Association of Canada database. ​​If you're in immediate danger or fear for your safety or that of others around you, please call 911.