Child Molestation/Sexual Conduct With Minor Reduced 12

REDUCED to Probation – Child Molestation, State v. Mr. S. (DMC #7292) (Gila County Superior Court No. CR2007-0195): Mr. S. was 16 years old and was accused of trying to fondle an 11 year old and a 9 year old while on various field trips with a counseling group for disturbed teenagers. Although Mr. S. was only 16, he was charged as an adult. Because he was charged with 2 Counts of Child Molestation, he was facing a minimum of 20 years in prison. We were able to show that he had a disturbed mental state, and had a high level of mitigation and family support. We ultimately were able to reduce the initial plea from 10 years in prison to probation with 1 year in jail.

State v. Mr. T. (Maricopa County Superior Court No. CR2006-007868) (DMC No. 6987): Mr. T.’s wife had died several years earlier, and he began drinking and having mental problems. He ultimately approached his daughter, and began soliciting her for sexual conduct. We were able to have a psycho-sexual risk evaluation performed on Mr. T., and he also began receiving alcohol and mental health counseling, and was put on medication. He was originally facing years in prison, but we were able to negotiate a deal to probation with no jail.

(1999092792CR): Mr. J. was married at a very young age (18) to a woman who was much older. He engaged in sexual intercourse with his 13 year old sister in law when he was 18. This happened several times. Approximately 10 years later, the victim was going through counseling when she revealed that she’d had sex with her former brother in law. He was contacted by Detectives, and he erroneously thought there was a 7 year statute of limitations on this type of offense. He admitted to everything and told police, “It doesn’t matter. The statute of limitations has run.” He was unaware that in cases of murder and sex crimes against children, there is no statute of limitations in Arizona, and he was subsequently charged. We were able to have a Psychosexual Risk Evaluation conducted, which showed he was not a risk to children, and these incidents occurred because he was barely 4 years older than his sister in law at the time. We ultimately secured a deal to Attempted Sexual Conduct with a Minor, which included probation and 1 year in jail with work release.

(2000014854CR): Mr. A. had friends at his house for a party. At some point during the evening, he was alone in the bathroom with the 4 year old daughter of one of his friends. The next day he was accused of touching the girl, which he denied. Two months went by, then the police questioned and arrested Mr. A. The specific allegations were that he had attempted oral sex with the 4 year old. Mr. A. denied ever licking the victim’s vagina, but stated that as he was helping her to use the restroom and pull up her pants, that his fingers may have touched her vagina. We were able to negotiate a plea to Attempted Child Molestation which included probation and 6 months in jail with work release.

(2000830CR): Mr. S. was accused of fondling his 13 year old step-daughter. He was facing 10 to 24 years in prison. During the course of the case, it was revealed that Mr. S. had gone camping with his stepchildren and had been drinking heavily. When this incident occurred, the victim indicated it appeared that he was half asleep and stuperous which he was touching her. We were able to negotiate a plea to Attempted Aggravated Assault, which included probation and 6 months in jail with work release.

(JV20010197CR): Mr. T. was a 14 year old juvenile who was engaged in sexual activity with his 2 younger half-siblings. This information came to light when he was sent to counseling. He was charged with multiple counts of Sexual Conduct with a Minor, and the State was deciding whether to transfer his case to adult court (which would have put him at risk for life in prison). We were able to convince the prosecutors to leave the case in the juvenile system. Eventually a Psychosexual Risk Evaluation was conducted, which showed that Mr. T. was amenable to counseling. He plead to Attempted Sexual Abuse, and was given 1 year probation with zero days in jail.

State v. Mr. G. (2001090224CR): Mr. G. was 19 years old when he had a homosexual relationship with a 14 year old male. This occurred approximately 4-5 times. Five years after the relationship ended, the alleged victim was charged with various crimes. The victim revealed this relationship when he was preparing for sentencing on his other issues. When the information was revealed, police were contacted. We were able to demonstrate to the prosecutor that this was a consensual relationship, and the victim was now claiming “victim” status in order to lessen the sentence in his own criminal case. We were able to have the charges reduced to Attempted Child Molestation, which included probation and 12 months in jail with work release. Originally he was facing a minimum 75 years in prison.

(1998015183CR): Mr. B. was a minor who was charged as an adult. He was accused to attempting to have anal sex with his 6 year old half-brother. His parents had found out about this, and sought counseling. The counselor then notified police. We had Risk Assessment Evaluations conducted, showing that Mr. B. was not a risk to society, plus he suffered from ADHD. In the end, we were able to negotiate a plea to Attempted Child Molestation, which included probation and no jail. Originally, Mr. B. was facing 13 to 27 years in prison.

(DMC No. 2535) (Maricopa County Superior Court No.: 2001-008411 CR): Mr. D. was accused of molesting his girlfriend’s ten (10) year old daughter. This accusation came from the girl’s biological father, and the mother had previously had all four (4) of her children taken away from her for neglect. Examinations were inconclusive. Although there were four (4) separate counts of Child Molestation, which placed Mr. D at potentially spending between 40 and 96 years in prison, we were able to plead to one count of attempt with probation and one (1) year of jail time with work release.