Wheelchair bound rape victim's call for help finally heard

Published: Jul. 10, 2013 at 2:22 AM EDT|Updated: Jul. 10, 2013 at 4:16 AM EDT
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Jonathon Foster (Source: LMDC)
Jonathon Foster (Source: LMDC)
Ben Sims
Ben Sims

LOUISVILLE, KY (WAVE) - You always hope for justice in life, especially in our court of law, but one case took several twists and turns before bringing justice to one Kentuckiana victim.

In his 25 years as an attorney Ben Sims said he has never seen a case like this one, "I've never heard of anything like this ever happening in our court system or really any other court system."

The violation that came to light was a soft desperate plea. What was supposed to be a five minute motion for a new court date actually ended up with Sims outside the courtroom.

[PREVIOUS STORY: Police: Woman in wheelchair sexually abused by caretaker]

The victim Sims described as having soft voice, who was suffering from cancer was fighting for her life – not but from the cancer, but from her caregiver.

"She said he's raping me," Sims said, "The care giver he's been raping me."

Now with claims of rape from the wheelchair bound woman the wheels were in motion leading to the discovery her caregiver is a convicted sex offender who served time for abusing a 5-year-old and he never registered with local police.

"We're returning to the courtroom and as we're returning, I see the caregiver walking out the door," Sims explained.

He said the deputy caring for the victim forcefully spoke the words, "Stop you come back here"

Sims said Jonathon Foster was seconds away from fleeing when he confessed to sex acts involving the victim.

Sims says the soft-spoken woman has tired previously to tell police and had called Adult Protective Services, but "No one tried to substantiate the rape allegations that she made."

That small voice kept calling for help until someone stopped to listen and finally help.

Sims explained the victim was grateful, "She said thank you. Nobody else would listen."

Foster was taken into custody and charged with sodomy and sexual abuse.

Foster pled not guilty at his arraignment on July 4. He is scheduled to be back in court on July 15.

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