WARNING: This article describes sexual crimes against a woman with an intellectual disability and may be distressing for some readers.

• Daniel Richard Rigby and David Reynolds were imprisoned for the sexual violation of a woman with an intellectual disability.
• Rigby appealed against his rape conviction but it was dismissed by the Court of Appeal.
• The court found the jury’s verdicts were consistent and based on a rational assessment of evidence.

After a “callous and uncaring” man raped a woman with a mild intellectual disability at a motel, he dropped her at a petrol station and later texted his co-offender, “Nice bro... Cheers for the memories lol”.

Now, Daniel Richard Rigby has tried to get a rape conviction overturned on the grounds that a jury found him not guilty of other sex charges against the same woman.

Rigby, 41, was one of two men who gave an early-morning lift to the woman who had been drinking, and took her to a Hastings motel room for sex.

Rigby and David Reynolds, 42, were sent to prison for what happened to the woman after they picked her up from a Napier street on May 1, 2021.

Reynolds pleaded guilty to violating the woman by unlawful sexual connection, and to stealing her cellphone, which he later tried to pawn.

He was sentenced in 2023 to four years and five months in prison.

Rigby, however, claimed all the sexual activity with the woman was consensual and took the matter to trial.

He faced eight charges, including two of rape, as well as abduction and other types of sexual violation for a series of acts involving the woman at the motel.

The jury found him guilty on one charge of rape, but not guilty on the other rape charge, and not guilty on all the other charges.

At Rigby’s sentencing in the Napier District Court last year, Judge Russell Collins said the woman was vulnerable because of her diagnosed condition and because she had been drinking.

Rigby may have had grounds to believe the woman was consenting early in the encounter. The judge said that because of her impairments – cognitive and because of alcohol – she did not convey the absence of consent.

The judge held that the verdicts of not guilty on all charges but one were consistent with the jury being unsure about the consent issue.

But Crown Solicitor Steve Manning said that when it came to the final act, which involved both men, she was crying and there was evidence she was saying “no”.

Actions ‘crossed the line’

Judge Collins said Rigby’s actions towards the woman were selfish, “callous and uncaring”, and “crossed the line and became criminal”.

He sentenced Rigby to five years and three months in prison.

Rigby then appealed against his conviction on the grounds the verdicts against him were “inconsistent”.

Judge Russell Collins said Daniel Rigby was "callous and uncaring". Photo / NZME

His appeal lawyer said there was “no logical explanation” for a jury to believe in consent in relation to one of the rape charges but not the other.

The different verdicts smacked of an “illegal compromise” on the part of a jury appalled by what had happened in the room and wanting to give the woman some justice.

A Court of Appeal decision issued on Wednesday, however, said the evidence was “equivocal” about the woman’s emotional state in relation to one of the rape charges, and less so in relation to the other.

The appeal court justices said the evidence did provide a “rational explanation” for the different verdicts.

They dismissed Rigby’s appeal against his conviction.

“We would add that it is apparent from the trial record that the jury in this case appears to have been particularly diligent and painstaking in going about its task,” the Court of Appeal decision said.

“As the judge suggests, the different verdicts are capable of being interpreted as a jury faithfully following directions about the burden of proof, about treating each charge separately, and about being entitled to accept some parts of a witness’ evidence while rejecting other parts.”

The Court of Appeal decision said the two men left the motel with the woman and dropped her at a petrol station, where she was crying and told the attendant she had been raped.

Later that day, Rigby and Reynolds exchanged texts.

Rigby’s text to Reynolds said: “Nice bro... Cheers for the memories lol. You legend.. Good night had by all.”

Reynolds was picked up by police and interviewed the same day. Rigby was first spoken to by police the following day.

SEXUAL HARM

Where to get help:
If it's an emergency and you feel that you or someone else is at risk, call 111.
If you've ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:
• Call 0800 044 334
• Text 4334
• Email [email protected]
• For more info or to web chat visit safetotalk.nz
Alternatively contact your local police station - click here for a list.
If you have been sexually assaulted, remember it's not your fault.

Ric Stevens spent many years working for the former New Zealand Press Association news agency, including as a political reporter at Parliament, before holding senior positions at various daily newspapers. He joined NZME’s Open Justice team in 2022 and is based in Hawke’s Bay. His writing in the crime and justice sphere is informed by four years of frontline experience as a probation officer.