Autistic dance party rapist’s appeal fails
An autistic man convicted of rape, who had his sentence reduced on appeal, has failed to have it reduced further.
Mateo Nixon, 30, was sentenced to 14 years’ 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.
The Court of Appeal later reduced his sentence to 13 years’ imprisonment with a six year, six month minimum term, after an appeal argued his autism caused him to misread social cues.
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.
They said his offending left them emotionally and physically harmed.
Prior to those attacks they had been confident young women who enjoyed life.
Nixon sought leave to further appeal his conviction and sentence in the Supreme Court, which dismissed his bid in a written decision released on May 2.
The decision said Nixon argued insufficient allowance was given for the hardships he faced in prison as a result of his disability.
It also said he had a ‘‘tenable defence based on a reasonable belief in consent which his trial counsel failed to advance’’.
The Supreme Court decision said Nixon failed to provide ‘‘evidence that his assessment of the complainants’ viewpoint was affected by his disability’’.
Issues over reasonable belief in consent and his disability were not provided.
Expert evidence on his disability concluded there was insufficient evidence to show his autism affected his judgment.
The proposed appeal raised no question of general or public importance, and was therefore dismissed, the court said.