State v. Mr. J (DMC No. 17206) – Felony Sexual Assault (“Me Too” Allegation) – Not Charged/”Turned Down” by the Yavapai County Attorney’s Office (and Title 9 Unfounded by Embry Riddle University) – Prescott Police Department Investigated (DR No. 20XX-XXX8-XXX) and Embry Riddle Office of Student Affairs
Mr. J and the alleged victim were both students at Embry Riddle University, and both were in the school’s ROTC program. They had been dating for a while, and they had had sex three times. The alleged victim claimed that the first and third time that they had sex was non-consensual, and only the second time was. She claimed that the last time they had sex, that she had told him no, but they had sex for 30 minutes to an hour. Once this was reported to the Prescott Police Department, they confiscated all clothes and couch cushions as evidence that were located in her apartment.
The Detectives also had her conduct a “Confrontation Call” with Mr. J, that was recorded. While she was on the phone, she asked him “don’t you remember me saying no”. He stated “not really”. He also said “since I figured that since we had done it before, it was fine to do it again”, and she responded “it doesn’t matter if we did it before, I didn’t want to do it this time”. She also accused him of “Rape”, and he stated “that’s not what happened”. The Police then went and arrested Mr. J, and secured a DNA buccal swab from his mouth. Also, all of his text messages were confiscated from his phone. At that point, he hired DM Cantor to represent him.
Mr. J “passed” a Polygraph examination, and we also secured other witness interviews to show that everything that other people had observed was consensual between the two of them. We also sat down and discussed the case with Embry Riddle Aeronautical University’s Title 9 Investigator. Ultimately, the Yavapai County Attorney’s Office “Turned Down” charges as “No Reasonable Likelihood of Conviction”, and Embry Riddle found that Mr. J was “Not Responsible” for lack of consent. Had he been convicted, he would have faced a potential of 15 years in Prison, and he would have been expelled from Embry Riddle. As it stands, he has No Criminal Conviction on his Record, and he was allowed to graduate with his college degree.
