State v. Mr. D (DMC No. 17200) – Felony Sexual Assault, and Felony Sexual Abuse – Not Charged – Buckeye Police Department Investigated (IR No. 20XX-XXXXXX2)
Mr. D had been friends with the alleged victim for approximately five years, when they were both at another mutual friend’s house for a New Year’s Eve party. The next day, around 1:20 p.m., the alleged victim called the Buckeye Police Department to claim that she was Sexually Assaulted. She claimed that she had told him to stop several times, but he continued his Assault. She also claimed that she was digitally penetrated, and that she was forced to perform oral sex on Mr. D. Lastly, she also claimed that he performed oral sex on her.
When the Police arrived, they had her meet at the Police Station and then they took a recorded statement. Although she went to the Southwest Advocacy Center for a Forensic Examination which did not reveal any injuries, they also had her bring all her clothes in a plastic bag that she wore on the night of the alleged Assault. During her interview, she made a statement that “it did not seem like it really happened” and “I kept trying to tell myself that it was a dream”.
When Mr. D was interviewed by Detectives, he denied anything beyond kissing and merely fooling around. He also said it was completely consensual. After this occurred, Mr. D secured the services of DM Cantor.
When we became involved, we interviewed all of the other people who were at the house. One of the people who was there included the victim’s 8-year-old daughter, who stated that she was also asleep in the same bed when this had occurred. We also interviewed the owners of the house, who stated they did not hear anything that was inappropriate until a day later. We also had Mr. D take a Polygraph examination, which showed him to be “truthful”.
Even though the Police took a buccal swab to secure DNA evidence, we were ultimately able to convince them that this was a consensual encounter between two adults who had been drinking. Ultimately, the Maricopa County Attorney’s Office chose Not to File Charges, and Mr. D has no criminal history on his record. If he had been charged and convicted of both counts, he could have received almost 20 years in Prison.
