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State v. Mr. R (DMC No. 7116)

DISMISSED | SEXUAL ASSAULT & KIDNAPPING (Maricopa County Superior Court No. CR2006-172515): Mr. R. was at a bar when a young woman began “hitting” on him. They went out to his vehicle, and they engaged in consensual oral sex. The girl had been drinking heavily, then went back inside. When confronted by her friends, she said she was forced into having sex with Mr. R. The police came, contacted Mr. R. in the parking lot, and questioned him. He initially denied any sexual conduct (because he was married), then finally told them he had engaged in consensual sex. We were able to show that the police had lost audio and video recordings (and thereby destroyed evidence), combined with the alleged victim now claiming she was drunk and didn’t remember much of the incident at all. Ultimately the State moved to dismiss all charges just prior to trial. Mr. R. had been facing potentially over 30 years in prison.

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