Make us your home page
Instagram

Today’s top headlines delivered to you daily.

(View our Privacy Policy)

Man on trial charged with rape in high school bathroom

NEW PORT RICHEY — Minutes before the alleged rape, the girl got a text from her ex-boyfriend saying he was upset and wanted to meet.

"He jokingly pulled me into the bathroom," she testified in court Thursday.

She and Justin J. Kulik had sex for eight to 10 minutes, she said. She did not scream or tell him no.

"I was frozen with fear," she said.

The next day, she reported a rape.

Kulik, 20, is on trial this week, charged with sexual battery. Prosecutors say Kulik pushed the girl into a stall and forced her to have sex at Fivay High School on Nov. 16, 2010. Kulik's lawyers claim that the encounter was consensual and that his accuser, who is not being named because of the nature of the allegations, claimed rape after she was bullied and called names by classmates.

"Buyer's remorse doesn't take away consent," said Shahtia Gay-Hairston, Kulik's public defender. "Regret does not take away consent."

According to testimony, the girl and Kulik had dated previously, but they broke up because Kulik's ex-girlfriend fought with her.

"I didn't want to be a part of the drama," she said.

They had recently started talking again and were on friendly terms. After the incident, the accuser testified, she went to the media center of the school and told her boyfriend that "something happened" between her and Kulik.

Later in the day, she changed and noticed a sticky substance on her jeans. She started crying.

She did not report a rape that night.

She came to school the next day, and someone called her a slut, the accuser testified, and someone else called and told her to "stay away from my man."

She told a school resource officer what happened. During the investigation, Kulik told a detective he had had sex with the victim eight months prior but denied the encounter in the bathroom.

The trial is expected to conclude Friday.

Contact Jon Silman at (727) 869-6229, Jsilman@tampabay.com or @Jonsilman1 on Twitter.

Man on trial charged with rape in high school bathroom 09/05/13 [Last modified: Thursday, September 5, 2013 11:03pm]
Photo reprints | Article reprints

© 2017 Tampa Bay Times

    

Join the discussion: Click to view comments, add yours

Loading...
  1. Tampa poll rates streets, flooding, police-community relations and transportation as top public priorities

    Blogs

    A city of Tampa online survey of the public's priorities for the next 18 months rated improving streets and easing flooding as the top priority of nearly 89 percent of respondents.

    Survey results
  2. Video shows women violently beating another in apparent Pasco road rage incident

    Crime

    NEW PORT RICHEY — Two women are accused of dragging another woman out of her car window and beating her unconscious at a Pasco County intersection in an apparent road rage incident, according to the Sheriff's Office.

    Shelley Lyn Gemberling, 49, and Alicia Nikole Scarduzio, 20, are accused of pulling another driver out of her car and beating her in a Pasco County intersection. (Pasco Sheriff's Office)
  3. Top 5 at noon: Out of sight, out of mind: a Times investigation; PolitiFact: what's at stake in the tax debate? and more

    News

    Here are the latest headlines and updates on tampabay.com:

    Aaron Richardson Jr. talks to voices in his head at his father's bail bond business in St. Petersburg. Richardson has been diagnosed with schizophrenia. [JOHN PENDYGRAFT   |   TIMES]
  4. It's not a game, but the names are all the same in this football family

    Footballpreps

    TAMPA — A coach yells across the field into a scrum of blue-and-white clad football bodies at Jefferson High: "Kim Mitchell! Kim Mitchell, come here!"

    These twins are not only identical, but they have almost identical names. Kim Mitchell III, left, and Kim Mitchell IV are  talented football players at Jefferson High with Division I-A college offers. Kim  III wears No. 22 and plays cornerback while Kim IV wears No. 11 and plays safety. (Scott Purks, Special to the Times)
  5. Did Hurricane Irma speed the end of Florida orange juice?

    Agriculture

    Hurricane Irma plundered Florida's orange belt, leaving a trail of uprooted trees, downed fruit and flooded groves worse than anything growers say they have seen in more than 20 years.

    A large number of oranges lie on the ground at the Story Grove orange grove in the wake of Hurricane Irma on Sept. 13, 2017, in Lake Wales. [Photo by Brian Blanco | Getty Images]