A Vancouver man argues he is being falsely accused of child rape, stemming from a heated “mooning” incident involving his then-girlfriend, the alleged victim and her friend. His defense attorney said the girl made up the story to protect her friend and that it “snowballed” out of control.
The prosecution says that he is a predator who took advantage of a teenager.
A jury is expected to decide his fate today.
Ian Andrew Heller, 25, is on trial in Clark County Superior Court for allegedly raping the girl when she was 13 and 14 years old. He faces two counts of second-degree child rape, two counts of third-degree child rape and bail jumping. Heller allegedly fled to Cambodia last year to avoid prosecution.
The jury began deliberations Wednesday afternoon, but was sent home for the evening and asked to return today.
During closing arguments, Heller’s defense attorney, Bob Vukanovich, told the jury that the alleged victim fabricated the rape story as a way to protect a male friend. Heller apparently was upset with the friend after he “mooned” Heller’s then-girlfriend while she was sleeping. Heller said he reported the incident to police.
Deputy Prosecutor Patrick Robinson argued the defense was playing up the mooning incident to mislead the jury and discredit the alleged victim.
The victim testified that Heller raped her 20 to 30 times between the summer of 2011 and April 2012. She waited several months later to report it because she was afraid she’d get into trouble, Robinson said.
Robinson said Heller seized onto an opportunity to manipulate and pressure the girl, whom he knew, into having sex with him.
“He knew exactly what he was doing. She was powerless to stop it,” he said.
“Why is a 22-year-old spending all this time with a 13-year-old? It doesn’t make any sense,” he added.
The fact that Heller fled to Cambodia is also a sign of his “conscious guilt,” Robinson argued.
Heller was apprehended last year by local police in the Preah Sihanouk province for having an “illegal expired passport,” according to The Cambodia Daily.
Clark County sheriff’s deputies picked him up Sept. 30 when he arrived in Los Angeles.
Robinson told jurors the case boils down to whether they believe the alleged victim.
“The details that she provided are proof that this happened,” he said.
The defense said this case is an example of a “he-said, she-said argument” that revolves around credibility, especially the alleged victim’s.
Vukanovich said there were many inconsistencies in the girl’s testimony and in her statements during interviews. He said she changed her story about how and when she met Heller and about the first time he allegedly raped her. The girl’s time line of events also didn’t match up with other witnesses’ testimony, Vukanovich said.
Robinson said although he acknowledges there were some inconsistencies, he argued they don’t take away from the girl’s credibility. In fact, he said “the minor differences” make her more credible because she’s clearly not repeating a rehearsed story.
Robinson said the alleged victim also knew intimate details about Heller, including his body odor, a detail she couldn’t have made up.
“What’s the pot at the end of the rainbow for her? She went through all of this because it happened. She’s telling the truth,” he said.
