State v. Mr. G (DMC No. 16873) – (4 Counts) Felony Sexual Conduct with a Minor (22-year-old Adult/15-year-old Minor) – Reduced to Class 6 Open/Misdemeanor (Sexual Abuse) and Probation (with 6 Months in Jail) – Maricopa County Superior Court (Case No. CR2020-145786)
Mr. G was at a apartment in Mesa, Arizona, at a friend’s party. The friend’s younger sister, who was 15 years old, was smoking marijuana with Mr. G. Eventually, Mr. G and the alleged Victim had consensual sex in the bedroom, which involved multiple individual sex acts. When he was done, they parted ways. Approximately one year later, she disclosed to a Therapist that she “thought she was raped” a year prior.
The Therapist was a “Mandatory Reporter”, and contacted the Mesa Police Department. A Detective then contacted Mr. G and asked if he would come down to the Station and give a statement. He did, and he stated he knew why they were there to talk, because he had heard the allegations. At first he stated that she merely tried to lure him into the bedroom. And then he eventually confessed to consensual sex in which a condom was used. He was then Arrested and Booked into Jail. He was Charged with 4 Counts of Felony Sexual Conduct with a Minor, and it was at that time that his family secured the services of DM Cantor.
After we were able to get Mr. G Released on a Low Bond, and he was allowed to see his infant daughter, we then began defending the case. We interviewed all witnesses in the house, and nobody stated that the alleged Victim ever yelled, or said afterwards that she had been Sexually Assaulted. Even though this appeared to be a consensual sex case, Mr. G was over 18 years of age, and the alleged Victim was under 18 years of age (which is a crime).
When we met with the Prosecutor involved in the case, we pointed out that they would have large problems with proving a Sexual Assault case. However, they did have the evidence available regarding Sex Conduct with a Minor, due to their age differences. In addition, we pointed out problems with the credibility of the alleged Victim. Ultimately, an Offer was made to a Class 6 Open/Misdemeanor and Probation (with 6 Months in Jail). At the completion of Probation, Mr. G’s sentence will be reduced to a Misdemeanor. If he would have been Convicted of the 4 original Charges and had been Sentenced to the Maximum, he could have spent well over a Decade in Prison.
