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State v. Mr. G (DMC No. 14556)

State v. Mr. G (DMC No. 14556) – Felony Sexual Conduct with a Minor  (DCAC) and (3 Counts) Felony Child Molestation (DCAC) – Reduced to 2 Counts of Child Abuse with Probation and Zero Days Additional Jail – Pinal County Superior Court (Case No. CR2015-02132).

This case began with a 13-year old telling a counselor that she was touched by her uncle from age 8 to 11. She said that he touched her “near my vagina.” A witness had stated that he heard her say, “I was 3 and he was 10.” During the interview with the Detective she stated, “I was 5 and he was 14.” When Mr. G was interviewed by Detectives, he admitted he had touched her 40 to 50 times over a four-year span which ended when he was 16 or 17-years old. He was ultimately arrested and charged with Sexual Conduct with a Minor (DCAC) and 3 Counts of Child Molestation (DCAC).

We became involved in the case and we had a Psychosexual Risk Evaluation conducted by Dr. Toma which included a polygraph. It showed that Mr. G was a low risk to offend and that Mr. G had been a victim himself in the past. This occurred when he was 5 or 6 years old. We presented the Risk Assessment along with information that Mr. G was a low likelihood to reoffend. He also had an I.Q. of only 71. Ultimately, the Prosecutor agreed to extend an offer to 2 Counts of Child Abuse with Probation and no additional jail time. Originally, Mr. G was facing potentially the rest of his life in prison (due to the fact that the victim was under 12 years of age), and it was not clear whether Mr. G was over 18 when these events occurred.

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