State v. Mr. B (DMC No. 17088) – Juvenile Felony Sexual Assault (“Me Too” Allegation) – Not Charged/”Turned Down” by the Maricopa County Attorney’s Office Juvenile Division – Surprise Police Department Investigated (IR No. 20XX-XXXXXX1) and Maricopa County Juvenile Court (Case No. 20XX-XXXXXX5):
Mr. B was attending Canyon View High School in Surprise, Arizona when he began dating another student. At first the relationship was not physical, and then they ended up breaking up. Approximately three months later, they started dating again, and they consummated their first sexual act (which was consensual). As their relationship continued for the next three months, they were having consensual sex on a regular basis. A couple of months later, they began losing feelings for each other, and they broke up again. As it often happens with high school relations, they got back together for a third time.
As the relationship wasn’t going well, they had consensual sex one last time, then got in an argument afterwards. Mr. B’s girlfriend went upstairs, and asked her mom to take Mr. B home because she was upset. As he was driving with his girlfriend’s mother to his house, the mother accused him of “basically Rape”. At that point, Mr. B went home and had no further contact with his now ex-girlfriend. A couple of days later, he received an Order of Protection from the local Justice Court, which included allegations of Sexual Assault. It was at that point that his parents secured the services of DM Cantor.
We immediately got involved and contacted the Detective who was heading up the case. We Invoked Mr. B’s Right to Remain Silent on his behalf, and we requested a copy of the Police Report. Our subsequent investigation found that his ex-girlfriend was taken to Child Help by her mother, and a Forensic Interview was conducted. In addition, a blood sample was taken. The Detective in the case Submitted Charges to the Maricopa County Juvenile Division for Sexual Assault.
We prepared a Trebus-Bashir Letter and sent it to the Maricopa County Attorney’s Charging Division. We were able to successfully get the charges “Turned Down”. Had Mr. B had been charged, and convicted in Juvenile Court, he could have been held in Jail until he was 19 years old.
