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State v. Mr. H. (DMC No. 15354)

Mr. H. was a college student at ASU who lived in the dorms. He had been seeing a young lady casually who lived in a different dorm. About 10:00 at night he went over to this girl’s dorm to help her with her math and drink some “Fireball” whiskey. The girl also used a marijuana wax pen. They eventually began making out, and were engaging in some heavy-petting when her ex-boyfriend texted her saying “she was hot.” At that time, the mood was ruined and Mr. H left to go back to his dorm.

Upon arriving to his dorm, he told his roommate and his roommate’s girlfriend what had happened. They told him to go back over to her dorm room and talk with her about it. At about 1:10 in the morning, he walked back over and knocked on her door. He went inside, and they began making out and engaging in sexual contact. Eventually, the girl said she was “tired,” and Mr. H. got the hint and left her dorm room. The next day, Mr. H. was contacted by an ASU police Detective in order to question him and receive a buccal swab (for DNA testing) from his mouth.

We got involved and were able to secure various text messages that were sent from the girl immediately before and after the alleged Sexual Assault. There was no mention of sexual assault in any of those texts, and the alleged Sexual Assault wasn’t reported until the next day. It was our hypothesis that her recently former boyfriend who texted her that night, had come over later and was upset that she was with Mr. H. We were able to show the Detectives all of the evidence, along with a passed polygraph test, that Mr. H. only engaged in consensual sexual activity with this young lady. Although, he originally was facing a minimum of 10 years in prison, no charges were ever brought against Mr. H.

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