State v. Mr. L (DMC No. 18825) – Felony Sexual Assault, Felony Kidnapping, and Felony Aggravated Assault – Reduced at Jury Trial to (Class 6) Aggravated Assault and Probation (with Zero Days in Jail) – Maricopa County Superior Court (Case No. CR2023-115549).
This case began when Mr. L met Ms. W on a dating app, and they exchanged phone numbers. For several days they texted back and forth, and they suggested they should get together. During the time they were flirting on their text messages, Ms. W would make comments about how she wanted to give Mr. L a massage; how she was on birth control; how she wanted to get her nipples pierced; how she wanted to fog up his glasses because they “turn me on,” and how she hoped their babies would need glasses. The conversation ended with her expressing an interest to “walk around naked” in his apartment.
They ultimately met up with each other in a parking lot and began engaging in consensual sex. They then went to a more private area in the park and continued to have sex. At one point, Ms. W asked Mr. L. to put his hands around her neck and choke her while they were having sex (i.e., “Rough Sex”). Being new to this type of thing, he did so and she passed out. He then got scared, and carried her unconscious out of the car and left her on the park bench and drove away.
Ms. W was found by some people as she was regaining consciousness, and they had called the Paramedics. She very clearly told the first Paramedic who arrived that she was engaged in consensual sex, and that she passed out. As the Police arrived, her story changed once her Father was called, and she indicated she was Kidnapped and Sexually Assaulted. Ultimately, Mr. L was charged with 3 Felonies, and he hired DM Cantor.
As we were preparing for Jury Trial, we interviewed all of the witnesses and secured all video footage. We also discovered that Ms. W had a taser in her purse (which she could have used if she was actually assaulted), and we secured all of the text messages between the two of them. Ultimately, Prosecutors agreed that they never would have filed the Sexual Assault or Kidnapping charges, however, they felt that Aggravated Assault may be appropriate. Ultimately, we negotiated a Plea Agreement to the lowest level Felony possible, with Probation and Zero Days in Jail. If Mr. L had been convicted of the three original charges, he would have been facing a Range of Punishment of anywhere from 5 years, to over 20 years in Prison. Instead, he is a free man today.