Dance party rapist loses appeal bid
An autistic man who admitted 13 charges of sexual offending, including rape, has lost his latest appeal.
Mateo Nixon was sentenced to 14 years in jail in August 2016 after being convicted of six charges of rape, three of unlawful sexual connection, two of indecent assault, and two of sexual connection with a young person under 16.
At the time of his offending, between October 2009 and July 2012, the Christchurch man was involved in outdoor dance events across the South Island.
Three of the six victims knew Nixon from his involvement in the dance party scene.
His appeal against conviction was dismissed by the Court of Appeal in November 2016, but his sentence was reduced to 13 years in jail with a six-year, six-month minimum term, after an appeal argued that his autism caused him to misread social cues.
Nixon’s counsel filed another appeal regarding five of the 13 charges to which he pleaded guilty.
They argued that his original appeal ‘‘misfired’’ over an alleged lack of full disclosure of the complainants’ evidential interviews.
However, the Court of Appeal rejected that argument, noting that Nixon’s own evidence contradicted that assertion.
The Court of Appeal also rejected an argument that two charges of sexual conduct with a young person could not be proved, as the witness interview made it ‘‘abundantly clear’’ she was 15 at the time of the offending.
The decision also noted that Nixon’s account to police was of actual, enthusiastic consent by fully conscious women, not a ‘‘reasonable belief’’.
The Court of Appeal did not consider there was ‘‘any proper basis’’ for revisiting its decision on the five charges, and Nixon’s appeal was declined.