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From Joan Hicks

I was the victim of a brutal and sexually motivated attack, and believe that I may in fact have been raped.

I had gone to visit a man who had been an old aquaintance from school at about 8:45 PM. on Thursday, March.24, 2004, after spending the day cleaning ceilings in my house and having a bottle of wine with a friend who called to see me. The reason for my visit was that I had heard that he had cancer of a type which I had also had, and wanted to offer some support and friendship after he had made a phone call to me.

While there I had one can of beer with this man, got up to leave an hour later still feeling sorry for him and from that point my memory was a blank until I woke up in hospital much later. My friend told me I smelt of spirits which Mr. Nelmes had tried to get me to drink and I refused. I had arrived at hospital on 4 AM on Friday March the 25th and would have been at his mercy prior to that point. During that time he had made three calls to 111, each one with a different story, the first at 3:45 AM, but with no mention of a woman or the fact that she was severely injured. He had told the police he didn't know who the woman was outside his flat, and that he was impotent. He also told them he only had three months to live, which is what he told me when he rang me that night.

The first police to attend the scene said; "there's a woman involved, it's a sexual assault". However, on being questioned in hospital, concussed from the beating, having been unconscious and having no memory of what occurred from the time I got up to leave my attackers residence, I was asked if I thought I had been raped. I had no idea and told the police that. I might add that the man who attacked me and preventing me from leaving his premises, received scratches to his face and one arm. These were his only injuries .If that's not defensive, I don't know what is.

A week after assault >>

My friend noticed five finger point bruises on the inside of both knees and bruising and lacerations in my pubic area and requested the police to do a rape test, or at least take a urine sample and not let me shower. None of this was done. I was in hospital for 5 days. The police phoned me on the 6th day after the attack and were anxious/adamant for me to have an examination by a local doctor. This was done on the following day, seven days after the attack. At this stage some bruising was gone and some still coming out, especially around my throat.

The report from the doctor. listed my injuries but said that there was no "obvious" signs of rape. I had been punched repeatedly by a 20 stone man, (I was 10 and a half stone) who also attacked my head and body with a builders spirit level. My clothes had been removed, and I had been dragged outside and left on the footpath. He had gathered up my bloody clothes, a broken necklace, one tooth, and one cigarette butt and thrown them out his back door. My shoes were still inside, one under the table where I had been sitting and the other half way across the room. His flat was covered in blood.

I was also told at that time by the police that the rape test I had at the Hospital, had come back negative. I informed them that I hadn't had one at the hospital but seven days later, and was told: "oh well, sometimes these things can remain in the body for up to 9 days". I was gutted. The man had already had one appearance in court and had been granted bail (which lasted one year) and was living in the same place where the attack took place, six houses away from me. I was virtually a prisoner in my own home for that year.

I was subpoened twice to attend court as a witness, but told I wasn't required at the last moment. I still don't know what went on at those two appearances apart from being told he claimed self defence, and my going home and coming back to rob him. In June of that year I was told that the trial would by delayed awaiting DNA results.

When I asked the police why he wasn't being charged with some kind of sexual assault I was told it was because I couldn't remember! How do you challenge that kind of statement when you're having trouble even getting through one day at a time with the man living so close by. I only found out that he was living back there because my friend saw him and informed me. When I questioned the police on that issue, I was told: we didn't realize you lived so close! I hadn't been consulted on anything to do with his bail.

He received a 2 year 9 month sentence and served 10 and a half months in prison, and was released on home detention for three months. I received notification of his freedom two weeks after his release! I also received an envelope addressed to me, containing his bail conditions and meant for him. I returned them to the court with a curt note. I know how victims are treated in this fair country of ours and am now getting the strength to speak out.I still live in fear and am still receiving counselling.

A week after assault >>

Victim Support were not notified by the police and I had no support for months, until I couldn't take any more and rang the Womens Refuge here in Timaru. I could not get a protection order out against him because we were not in a relationship, so was only allowed a two year tresspass order. About a year after this happened to me, I joined the Timaru Womens Refuge as a volunteer crisis line person. The stories I listened to over the phone and at the Refuge were mind blowing. This Refuge is always full. They are an amazing bunch of ladies and I will always remember their kindness and support when no one else seemed to give a damn.

I was instrumental in tracking a woman down who had been kidnapped and taken to Nelson, stabbed and survived an attempt to suffocate her. The man was arrested the next day, a very busy night all from my kitchen phone. I certainly felt that I was fighting back then and it was really fulfilling to know that these women and their families had help just a phone call away. Unfortunately, it all got the better of me at that time and I had to bow out.

I should mention that this man does not have cancer as far as I know and as soon as his Home Detention was finished he was back at work as a plasterer in the Timaru area, advertising in the Yellow Pages. As far as I'm concerned this man is a sexual deviate and has since his release tried his poor me tactics on another woman, who like me, felt sorry for him. Fortunately, a friend of mine informed her of the truth about him. I informed his parole officer, who didn't have a clue who I was and was insultingly told that Mr Nelmes "never wanted to lay eyes on me again".

The offender's details may be found here