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Alleged victim testifies in Uber driver's rape trial

Posted at 11:57 AM, Mar 13, 2018
and last updated 2018-03-13 19:08:09-04

UPDATE: The state called several witnesses Tuesday, but clearly the most compelling testimony came from the alleged victim herself.

For the first time, the woman who claims Uber driver Gary Kitchings raped her after picking her up from SunFest last year, told her story and under oath.

“I couldn’t believe what was happening and what he was doing to me,” said the alleged victim on the stand. 

She was the first state witness to take the stand in the trial. We are not naming or showing the alleged victim to protect her identity.

“I realized this is a nightmare. This guy’s a monster and he’s going to do things to me that I don’t want to do and I already told him no many times,” she said.  

She was on the stand for most of the morning Tuesday telling the court that the initial assault began in the car on the drive back to Jupiter and that she was trying to escape.

“I was doing this frantically, as soon as I did he said I have a gun under my seat and I’m going to shoot you if you don’t do what I tell you to do.”

“But you never actually saw a [gun]," asked the defense attorney. 

"I didn’t see it."

She testified that the assault continued when they arrived at her Jupiter home.

“I did scream help, no a few times but then he was saying if you don't do what I tell you to do I’m going to kill you and the dogs.”

The state called several other witnesses, including a CSI officer who found condoms hidden in Kitchings trunk.

The officer also testified that there was a lack of DNA evidence in the Uber vehicle where the first part of the assault allegedly took place.

The defense also referred to discrepancies in the reports, pointing out that in the victim’s initial report to officers she left out many of the major details about what allegedly took place in the car.  

The trial is likely to wrap up Wednesday. Biggest question going is, will Kitchings take the stand in his own defense?

EARLIER STORY: 

WEST PALM BEACH, Fla. -- The woman who accused an Uber driver of raping her after driving her home from SunFest last year took the stand in his trial Tuesday morning.

Gary Kitchings is facing multiple charges including sexual battery, kidnapping, and false imprisonment. 

The trial began Monday with jury selection. There are 8 men and 2 women sitting on the panel. However, two of jurors are alternates.

During part of her testimony Tuesday, the alleged victim says she was trying to jump out of the moving car but couldn't because the door was locked. That's when she claims Kitchings threatened her with a gun.

The defense spent part of the time during the proceedings trying to point out discrepancies in the woman's story and what she told police.

The trial could be in the jury's hands tomorrow or Thursday.