State v. Mr. M (DMC No. 13197) – Felony Sexual Assault – Not Charged – Phoenix Police Department Investigated (DR No. 20XX-XXXXXXX1).
Mr. M was a gay male who had another friend who was straight and platonic. The two had gone to a Bowling Alley and had been drinking all night. When the other gentleman rolled a strike, he had performed a grinding dance on Mr. M. When both got back to the other gentleman’s apartment, he had made a comment that he had not had oral sex in a long time. While they were both laying on the couch, the other man closed his eyes and leaned back. Mr. M then pulled his shorts down and began to perform oral sex on him. About 10 seconds in, the other man jumped up and said “I did not know this was happening”. Mr. M apologized, and the two hugged and Mr. M left.
The next day, Mr. M received a text from the other gentleman stating that he was going to go to the Police and press charges. The other gentleman contacted Mr. M’s partner, and also told him about this incident. Mr. M then got us onboard for the case. We contacted the Detective involved and told them that Mr. M would not be making an statements or undergoing any Polygraph Examinations. We also pointed out to the Detective that there were no witnesses, no physical and biological evidence, nor any admissions which could support the charge of Sexual Assault. Although the Detective had attempted to obtain physical evidence, there was none that was sufficient enough to press charges. Ultimately, the case was not sent to the Maricopa County Attorney’s Office and it was “closed”. Originally, Mr. M could’ve been facing multiple years in prison if he would have been convicted.