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Allegations
of Sexual Abuse in NZ |
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The trial of a man
accused of sexually assaulting his former partner more than 18 months ago
will end today in the Dunedin District Court. Kelvin George Tomlinson
(31), labourer, has pleaded not guilty to charges of sexually violating the
woman by raping her and having unlawful sexual connection with her on
December 26, 2003. In her evidence
yesterday, the complainant told Judge David Saunders and a jury Tomlinson
arrived unexpectedly at her home on Boxing Day, 2003, asking for sex and
refusing to leave when requested. The woman said he
pushed her into her bedroom and on to the bed, then digitally penetrated her
before having sexual intercourse in spite of her protests. After he left, she
telephoned her then boyfriend and asked him to come over and throw her duvet
and bed linen into the rubbish. She had a shower and it was not until the
evening she decided to talk to the police about what had happened. That was
because Tomlinson had her children with him and she was afraid of how he
might react because of his reaction in the past when there had been
difficulties over access to the children. The woman said access
had been regular since her relationship with Tomlinson ended but there were
“lots of problems” at times. Tomlinson would get the
children excited about going out with him and would then ask her for sex,
saying he would not take the children unless she agreed, the woman said. After the Boxing Day
incident, he had asked about them “getting back together”. Later in the day, she
put her clothing into the wash. She said she also washed a towel she had been
holding when Tomlinson raped her. To Mr Savage in cross examination,
the woman denied she had been trying to stop the accused having access to the
children. She agreed there had been problems and the situation had been
acrimonious at times. Other than being pushed
on to the bed by Tomlinson before he raped her, there had been no physical
violence, the woman agreed. Asked why she had washed the towel when it could
have had Tomlinson’s semen on it, she said she had not been going to make a
complaint and had not really thought about the towel as she had not thought
about the fact she should not have had a shower if she was going to go to the
police. Mr Savage suggested she
had decided to make a false complaint and the towel story was the only way
she could think of to explain the lack of semen, but the woman denied that. There had been no
reason for her to make up such a story, as things had been going well over
access at the time and she and Tomlinson had been communicating well and had
been to the movies together, the woman said. The victim’s then
boyfriend gave evidence confirming he had received a call from the woman who
was crying but did not tell him what was wrong. He agreed she had asked him
to come to her house and throw the duvet and bed linen in the rubbish. Two of the woman’s
friends told of being at a South Rd address on January 21 last year and of
hearing Tomlinson talking to someone on the telephone, asking the person to
say, if questioned by the police, that he had been at their house at some
specified time on Boxing Day. Detective Graeme Smaill
told the court he spoke with the complainant on December 27, 2003 and with
Tomlinson on January 21 last year. Tomlinson, who was with
his lawyer, denied being at the victim’s house on December 26 and he did not
wish to make a statement. The detective said he
was aware the duvet and bedding had been retrieved from the rubbish and
tested for DNA. He was also aware there was no scientific evidence connecting
Tomlinson to the scene. |
