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State v. Mr. G (DMC No. 9701)

NOT CHARGED | SEXUAL ASSAULT – State v. Mr. G. (DMC No. 9701) (Pinal County Sherriff’s Office Investigated): Mr. G. and his wife had recently had a baby (4 months prior). He found various texts from his wife which were of a sexual nature to her best friend’s husband. He later discovered she was having an affair, and he filed for divorce. They then got into an argument over her taking the baby to her mother’s house and police were called to the scene. She then told the police that 2 days prior Mr. G. had forced her to have sex with him. She then declined to assist in the investigation. After another 6 days went by, she then showed up to the police station and indicated she would like to “cooperate” in bringing charges. Although a Sexual Assault Nurse Examination (SANE) kit was conducted, it was of little value 7 days after the incident. We were able to give Mr. G. a polygraph (which he passed). We also retrieved results of a paternity test which showed that the baby was not his. Based on all of the information, the Pinal County Attorney’s Office declined to bring charges for Sexual Assault under ARS 13-1406 on these allegations. Mr. G. was originally facing over 10 years in prison should he have been convicted of these charges.

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