Texting results in overturned convictions for Christchurch man convicted of raping teenage girl

A Christchurch man who was jailed for tying up, blindfolding and raping a 13-year-old girl had his convictions overturned.

In 2015, Ian Edward Hitchcock was found guilty of rape and rape for illegal sexual connection and sentenced to nine years and six months in prison.

The court heard that the then 26-year-old gave the girl cannabis and alcohol, intoxicating her before tying her arms and legs, gagging her, blindfolding her and then raping her.

He denied the charges but was found guilty.

He was also found guilty of illegal sexual connection in relation to another girl who was 14 years old at the time.

The court heard that the crime took place at Hitchcock’s home multiple times between September 10, 2011 and September 1, 2012.

He was sentenced to five years in prison for the crime committed against the 13-year-old and four and a half years for the illegal sexual connection with the 14-year-old, and for perverting the course of justice and supplying cannabis.

However, on Friday, the Court of Appeal overturned Hitchcock’s rape and rape conviction against the 13-year-old after text messages emerged between them.

Hitchcock appealed against his conviction related to the attack on the 13-year-old.

A Court of Appeals ruling issued to the Herald today revealed that Hitchcock’s appeal was based on new evidence of text messages between him and the 13-year-old.

Two mobile phones were seized as part of a police investigation during a search warrant at Hitchcock’s property in June 2013.

The Appeals Court ruled that the text messages found on the phones showed that the 13-year-old and Hitchcock had a “warm and friendly relationship.”

He said the messages would have laid a “very strong basis for the defense” that the girl had consented to sexual activity or that Hitchcock had a reasonable belief that she had consented.

None of the text messages had been shown to Hitchcock or his attorneys prior to trial.

The Crown accepted that several of the text messages were “highly relevant” to allegations of non-consensual sexual activity with her, and suggested that the Court of Appeal replace the convictions with convictions for unlawful sexual connection with a young man.

But the Court of Appeal declined this, saying the undisclosed text messages may have so damaged the 13-year-old’s credibility in the minds of jurors that they would not have convicted Hitchcock in connection with any of her allegations.

The convictions for raping the 13-year-old and the illegal sexual connection with her were overturned.

A new trial was not ordered.

SEXUAL HARM – DO YOU NEED HELP?

If it is an emergency and you think you or someone else is at risk, call 111.

If you have ever been sexually assaulted or abused and need to speak to someone, contact the Confidential Safe to Talk Crisis Helpline at:

• Send a text message to 4334 and they will reply to you

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Alternatively, contact your local police station; click here for a list.

If you have been abused, remember that it is not your fault.