State v. Mr. B (DMC No. 17060) – Felony Sexual Assault (“Me Too” Allegation) – Not Charged/”Turned Down” by the Yavapai County Attorney’s Office – Prescott Police Department Investigated (DR No. 20XX-XXXX-XX1)
Mr. B was a student at Prescott High School, and he was hanging out with two girls during spring break. At one point, he ended up in the forest with the two girls, and they were smoking vapes. When he went to start his car, it would not start and they had to call somebody out to come and jump start the vehicle. During this entire time he had no sexual contact with the alleged victim in this case (who was 15).
The alleged victim had become ill, began vomiting when she got home. She was taken to the hospital in Phoenix, tested positive for THC. She was acting strangely for several days after being released from the hospital, and was not sleeping, and continued to vomit. At some point, her friends told her that while she was in the vehicle she “had sex with Mr. B”. She stated she had no memory of this, and her parents called the Police.
She met with the Police after consulting with her Therapist and her parents. She indicated that there were various Snapchats and messages between she and Mr. B and their friends, which she did not recall. Most of these were simple photos, and were not sexual in nature. She also claimed she’d heard there were nude photos of herself that were sent.
When the Police contacted Mr. B, he denied having any sexual photographs or having any sexual contact with the alleged victim. He also said that the alleged victim was constantly pestering him for more vapes, so he blocked her from his phone and Snapchat. He then secured the services of DM Cantor.
Once we became involved, we immediately had Mr. B take a Polygraph examination. He was “truthful” when he denied having any sexual contact or having sexual photos of the alleged victim. In addition, we provided a statement to the Police department, and we contacted the Yavapai Deputy County Attorney who was reviewing the case. Even though DNA and a buccal swab were taken from Mr. B, there was no proof of any sexual contact. Ultimately, the Yavapai County Attorney’s Office “Declined to File Charges.” If Mr. B were to have been convicted as an adult, he could have spent up to 15 years in prison, and it would have kept him from joining the United States Marine Corps.
