NEWS: Herald Sun - 29/05/07 'Ambulance officer on rape charge'

[hoptis]

Ambulance officer on rape charge
Katie Bice
May 29, 2007 12:00am

AN ambulance officer raped a drug-affected patient while transferring her to hospital for treatment, a court heard yesterday.

But Simon Paul Howe, 32, claims he was trying to restrain the woman who was behaving erratically after taking the drug ice.

Melbourne Magistrates' Court heard an ambulance was called to Bubble nightclub in Little Collins St on November 5 after staff found the woman and believed she had overdosed.

Prosecutor Aaron Shwartz said Mr Howe was part of the team sent from the South Melbourne depot to attend to the woman, then 21.

The court heard the alleged victim had taken ice but was conscious and able to climb into the ambulance through a side door when they arrived.

Mr Shwartz said Mr Howe and the driver, Anthony Foundling, headed for the Royal Melbourne Hospital's emergency department.

The court heard Mr Howe claims the woman was thrashing about in the back of the ambulance, had a fluctuating level of consciousness and at one point began masturbating.

Mr Howe told police in a record of interview he tried to remove her hand but she grabbed his wrist and he may have touched her genitals as he tried to free his hand.

Mr Shwartz said the ambulance driver saw Mr Howe with his hands on or under the blanket covering the woman.

The court heard the woman showed "sexually heightened" behaviour at the hospital, was aggressive and had to be restrained by security staff.

She was twice seen by nurses to be touching herself.

The court heard the woman complained about Mr Howe to nursing staff and when she was discharged an hour later reported it to Dandenong police.

Mr Howe is charged with rape, indecent assault and unlawful assault. The preliminary hearing continues.

Herald Sun

 

[hoptis]

Ambo to stand trial
May 29, 2007 05:30pm

AN ambulance officer has been committed to stand trial after allegedly raping a drug-affected patient while transferring her to hospital for treatment.

Melbourne Ambulance Service officer Simon Howe, 32, of Werribee, and a colleague, picked up the woman from Little Collins Street in Melbourne's CBD on November 5 last year.

The woman, who cannot be identified, had recently consumed ice and speed at the nearby Bubble Nightclub and had her drink spiked with GHB (gamma-hydroxy butyrate), the Melbourne Magistrates' Court today.

It is alleged she was digitally raped on the way to Royal Melbourne Hospital.

Howe told police he was trying to stop the woman from performing a sex act on herself in the ambulance, the court was told.

At the conclusion of the committal hearing, Howe pleaded not guilty to one count each of rape and indecent assault, Magistrate Peter Reardon adjourned a further unlawful assault charge to a date to be fixed.

He extended Howe's bail and ordered him to appear at the Victorian County Court on June 26.

Herald Sun

 

[hoptis]

Court told of sexual assault in ambulance
Julia Medew
May 30, 2007

A TRAINEE paramedic has told a court how he watched a superior sexually assault a drug-affected patient in the back of an ambulance last year.

Ambulance officer Anthony Foundling told the Melbourne Magistrates Court yesterday that he saw Simon Paul Howe, who was his clinical instructor, rubbing a woman's groin under a blanket while she was being taken to hospital for a suspected drug overdose on November 5.

In a statement to the court, Mr Foundling said he observed the actions on five or six occasions when he looked in the rear-vision mirror of the ambulance he was driving.

"I could see that Simon had his right arm under the blanket and it appeared that he was rubbing her groin area. I thought that surely this could not be happening and kept looking in the mirror to see what he was doing," he said.

"At one point … we had eye contact though the rear-vision mirror, but I convinced myself that surely he was not actually playing with her."

Mr Foundling said that shortly before pulling into the Royal Melbourne Hospital, he saw Howe's head a couple of centimetres from the patient's face, as though "he had kissed her or was about to kiss her".

He later noticed Howe talking to the woman alone in the emergency department after the woman's case had been handed over to hospital staff.

The court heard that the woman, who admitted taking "ice" but claimed her drink had been spiked, had been masturbating and making "orgasmic" noises before, during and after the alleged assault.

The evidence came as Howe, 32, of Werribee, was committed to stand trial in the County Court on three charges, including digital rape, indecent assault and unlawful assault. He has pleaded not guilty.

Howe told police during a record of interview that he tried to stop the woman from masturbating in the back of the ambulance and, in doing so, may have accidentally touched her.

His lawyer, Peter Morrissey, said it was inconceivable that a jury, properly instructed, could convict Howe based on the woman's complaints.

He said she had used amphetamines, cannabis and other drugs before the alleged assault, making her recollection of the incident unreliable.

But magistrate Peter Reardon said the woman's version of events had been partly corroborated by Mr Foundling and that any questions about the allegations were best put to a jury.

Howe, who was controversially sacked by the Metropolitan Ambulance Service over the allegations, sparking industrial action last year, will appear in the County Court for a directions hearing next month.

The Age

 

[hoptis]

He said she had used amphetamines, cannabis and other drugs before the alleged assault, making her recollection of the incident unreliable.

The main defense argument seems to focus on the victim's drug use impairing her ability to recall events correctly. I would hope a jury would see through that, especially considering the statements being made by the other paramedic in the ambulance at the time.

 

[Beatlebot]

I read about this yesterday and was left pretty confused. I've never seen anyone spontaneously start masturbating just because they were high before, but I suppose it could happen.

What I don't understand is why you would feel the need to stop someone who is obviously out of their mind from masturbating in the first place. I would think that the only reason he would have to touch her at all would be to administer aid. As such he has no reason to have his hands between her legs. The only place he would need to touch her is her arms.

 

[thinkpink]

I've never seen anyone spontaneously start masturbating just because they were high before, but I suppose it could happen.

Lol, my best friend did, on numerous occasions, in front of 10-15 ppl. After a big rave we were at a recovery and she just started masturbating, telling the room 'sorry but it feels so good' and then the first time she tried GHB her hand was wiggling around under her blanket.

That ambo thing is totally scary. If it is true, that's horrible, and if it didn't happen and he gets done for it, that's terrible too.

 

[Dr.Feelgood]

I have never really felt the urge to start masturbating in the middle of a place like Bubble, god help me if I did...lol

 

[juice_soldier]

heh... whack shit...

then again, doctors tell people they died all the time, to make them seem good..

doubtful that in 90% of G overdoses where the patient 'dies', that the patient would have died at all

 

[eth]

"But Simon Paul Howe, 32, claims he was trying to restrain the woman who was behaving erratically after taking the drug ice."

Obviously she wasn't on 'ice' - I only know of one drug that causes the effects mentioned in this article - G.

 

[juice_soldier]

^i dunno eth, with all the people cutting ice with g and all..

who knows what your on these days

LMAO

/end sarcasm

 

[3 to the 3]

It's common for psychotic ice (ab)users to perform random and often weird sex acts... Guys have been found wanking themselves til they are bleeding after beeing awake for a few days on an ice bender. It's often worse if they have been mixing it with weed or psychedelics... Speak to psychatrists, ambos, and ED doctors....

I'm not saying he is innocent, just that amphetamine abuse does lead to the actions described in this story. The hospital staff reported her behaviour also...

 

[potato]

No drug has ever made me as horny as 1,4B has. I have no idea what to make of this case, but I just thought I'd add that comment to all of you that seem baffled by the alleged behaviour. Of course, even if one may feel the urge to do something about it, that's still a far cry from rubbing one out in public.

 

[Beatlebot]

Even if she was masturbating, there's no excuse for him to have his hand between her legs as the other guy reported.

 

[eggman]

Amendments where made to the Mental Health Act (1986) which is a Victorian legislation in 2002. Section 9(5) of the act dealt specifically with restraint and sedation of patients under transport, from the act;

Ambulance officers, employees of psychiatric services and members of the police force are able to enter premises and use such force and physical and/or mechanical restraint as are reasonably necessary to enable the person to be safely transported. Ambulances have been supplied with restraining straps which can be used to immobilise clients who are at risk.

It is my opinion that this will most certainly be invoked with regards to this matter. Whilst it IS questionable as to whether the prosecution will be able to build a tentative link between the victims state of drug induced incapacitation and the state of mind of a patient deemed to be mentally unstable under the definitions of the act, the fact still remains that this legislation is the only one defining proper behaviour for ambulance officers whislt transporting erratic patients.

So under this arguement it is reasonable to expect that if the ambulance officer had already applied the relevant restraints then there should be no reason for additional restraint to be applied unless that officer was certain that the actions of the patient would lead to her inflicting harm upon herself or the ambulance officer.

The one word that is most likely to be invoked will be 'risk', i.e. if the ambulance officer is admitting that he grabbed the patients hands etc etc what was his perception of the risk that was likely to occur and where those actions sufficient enough to warrant physical restraint of what was already applied.

Problem with this case is that :-

1) Victim was incapacitated under the influence of illegal narcotic;
2) Witness is unable to offer any substantial confirmation that anything had occured outside of the ambigous events described by both the victim and defendant; and
3) Lack of DNA evidence that any vaginal penetration had indeed occured that was the deliberate and intentional

Criminal cases in Australia that are presented infront of a jury are all bound by the same defining concept, the crown needs to prove 'beyond reasonable doubt' that an offence had occured in the manner described by the victim. In consideration of points 1 through 3 above, i sincerely doubt the prosecution will be able to substantiate the offence beyond reasonable doubt.

 

[3 to the 3]

Even if she was masturbating, there's no excuse for him to have his hand between her legs as the other guy reported.

I don't think anyone here would argue with that....

Besides we are missing too much info to make any judgement about innocence/guilt, especially when you consider the motives of the press reporting it.

 

[hoptis]

Paramedic 'restraining, not raping'
Emily Power
May 20, 2008 12:00am

A PARAMEDIC accused of raping a drug-affected patient in an ambulance was restraining her at the time, a jury has been told.

But the County Court also heard ambulance officer Simon Paul Howe told the conscious but incoherent patient she was pretty and molested her during the six-minute drive to hospital.

Prosecutor Bill Stougiannos said Mr Howe and a second paramedic arrived at Bubble nightclub in the city at 6.19am on November 5, 2006.

Ms Stougiannos said the woman had taken the drug speed on the evening before the alleged assault, and cannabis several days earlier.

Traces of the drugs ice and GHB were also found in her system, he told the jury.

On route to hospital, Mr Howe allegedly sexually assaulted the woman and put her hand on his genitals.

She pulled her hand away and said "don't", Mr Stougiannos said.

Defence barrister Peter Morrissey said Mr Howe had plenty of contact with the patient and was restraining her because she was behaving erratically.

He said the alleged victim was masturbating in the ambulance and publicly at Royal Melbourne Hospital, making "loud orgasmic noises".

During cross-examination, the woman denied touching herself and disagreed Mr Howe only ever restrained her.

She agreed with Mr Morrissey that her memory was scrambled by the drugs, but said she was not remembering events wrongly.

The woman told the jury her drink had been spiked and she was "out of it", but had no doubt Mr Howe digitally raped and assaulted her.

Mr Morrissey said it was a terrible allegation and prosecution evidence "had better be good to prove something weird and outrageous like this has happened".

The woman gave evidence she told three people at the hospital about the alleged assault and was annoyed that no one wrote down details.

Mr Howe, 32, has pleaded not guilty to single counts of rape and indecent assault.

The trial before Judge Geoffrey Chettle continues.

Herald Sun

 

[hoptis]

Paramedic accused of ambulance rape
Kate Hagan
May 20, 2008 - 9:46AM

A paramedic digitally raped a drug-affected young woman in the back of an ambulance then asked as she was lying on a hospital bed if they could catch up later, a court has heard.

Simon Paul Howe, 33, was one of two paramedics who attended to the woman in Little Collins Street after she was escorted out of the Bubble nightclub by staff.

He is standing trial in the County Court after pleading not guilty to digital rape and indecent assault alleged to have taken place in the ambulance on the way to the Royal Melbourne Hospital about 6am on November 5, 2006.

The woman, 23, who cannot be named, told the court she had snorted speed about 11.30pm the previous evening because "it wakes you up and gets you dancing" - but believed her drink was spiked with other drugs when she left it on a podium to hit the dancefloor with friends.

A blood test conducted by police after the woman reported the alleged rape revealed the presence of amphetamines (speed), methamphetamines (ice), and GHB in her blood. There were also traces of cannabis, which she admitted using a couple of days earlier.

The woman said she was "out of it" after having the drink and had only a hazy recollection of what followed, but "I remember what he did".

She said Howe was in the back of the ambulance, and another paramedic was driving, when he leant over her and put his hand down her pants.

The woman said he also placed her hand on his crotch in the ambulance. After she was admitted to hospital, she said Howe came into a cubicle where she was lying down and asked "if I wanted to catch up outside here", which she refused.

Defence lawyer Peter Morrissey, for Howe, described the allegations as "weird" and said his client was trying to restrain the woman who was thrashing her legs and arms around and masturbating loudly throughout the ambulance ride and at the hospital.

"Howe says there was plenty of physical contact in the ambulance. He was restraining her during the six-minute trip because she was behaving so erratically," Mr Morrissey said.

In a radio call played to the court, trainee paramedic Anthony Foundling could be heard telling the hospital he was transporting an "extremely agitated" patient, and they would need security.

Under cross-examination by Mr Morrissey, the woman admitted saying "cuddles" to Howe and throwing her arms around his neck in the ambulance.

She denied masturbating during the trip and did not agree that she could be heard making "orgasmic" noises in the background of another radio call.

The case, before Judge Geoff Chettle, continues.

The Age

 

[mcwally]

Defence lawyer Peter Morrissey, for Howe, described the allegations as "weird" and said his client was trying to restrain the woman who was thrashing her legs and arms around and masturbating loudly throughout the ambulance ride and at the hospital.

"Howe says there was plenty of physical contact in the ambulance. He was restraining her during the six-minute trip because she was behaving so erratically," Mr Morrissey said.

In a radio call played to the court, trainee paramedic Anthony Foundling could be heard telling the hospital he was transporting an "extremely agitated" patient, and they would need security.

Under cross-examination by Mr Morrissey, the woman admitted saying "cuddles" to Howe and throwing her arms around his neck in the ambulance.

that part hm id say he will get off, and im not convinced he did anything by the sound of that but thats just from reading newspapers yadaya

 

[Pistachio]

I don't think you can discount the testimony of the ambulance driver. This is pretty straight forward.

"In a statement to the court, Mr Foundling said he observed the actions on five or six occasions when he looked in the rear-vision mirror of the ambulance he was driving.

"I could see that Simon had his right arm under the blanket and it appeared that he was rubbing her groin area. I thought that surely this could not be happening and kept looking in the mirror to see what he was doing," he said.

"At one point … we had eye contact though the rear-vision mirror, but I convinced myself that surely he was not actually playing with her."

Mr Foundling said that shortly before pulling into the Royal Melbourne Hospital, he saw Howe's head a couple of centimetres from the patient's face, as though "he had kissed her or was about to kiss her"."


I am never one to be quick to convict anyone of serious criminal charges. I really do believe it is better to let 10 guilty people go than incarcerate one innocent. But this guy is guilty as sin. How long could this guy possibly "brush" her groin... brushing in a rubbing motion over the time it takes to make several glances in the mirror?

 

[hoptis]

Given that a paramedic would likely know full well how GHB works on women and, if working those sorts of weekend shifts, it's something he'd likely seen before, I'd guess he thought he'd either a.) get away with it, or b.) no one would believe her because she was on drugs.