State v. Mr. G (DMC No. 11506) – Felony Incest – Not Charged – Mesa Police Department Investigated (DR No. 20XX-XXXXXX7):
Mr. J had a daughter that gave up for adoption at birth. It was alleged that he reconnected with his daughter when she was in her mid-thirties, and they fell in love. Eventually, not only did a sexual relationship ensue, but they actually married and had a child.
That child became a teenager and he was charged with molesting two young family members. While that juvenile was in therapy, a disclosure/allegation was made about his mother and father actually being father and daughter. An investigation then ensued and we were retained.
Pursuant to ARS 13-3608, Incest occurs when two people who are more than 18 years of age, and are within a certain degree of “consanguinity” with each other and they are married or having sexual relations. This can qualify as a Class 4 Felony which can carry over 3 years of prison time with it. We were able to prevent Detectives from securing DNA warrants and we prevented them from speaking with our clients. Because they were unable to collect any actual evidence, No Charges were ever brought against Mr. G or his wife.