State v. Mr. M (DMC No. 15511, and 14373) – Felony Sexual Assault (“Me Too” Allegation) – Not Charged/”Turned Down” by the Maricopa County Attorney’s Office (and Title 9 Hearing at U of A Unsubstantiated) – ASU Police Department Investigated (DR No. 20XX-XXXXXXX3), and University of Arizona Office of Student Rights and Responsibilities
Mr. M was a 17-year-old college freshman at the U of A who came down to ASU in order to visit his friends. While with his friends in their dorm room, he had been drinking and partying along with most of the other people on the dorm floor. He eventually “hooked up” with a girl down the hall in her dorm room. As they were to become intimate, she told him to “fuck her”, and that he needed a condom. He stopped and had to go down the hall to get a condom before he returned. At that point he had drank so much, that he could no longer engage in sexual activity. As he was leaving the room, the girl asked if he knew her name and he said “no, and I don’t care”. She began yelling at him to get out, and he called her a “slut”.
After he had left, he realized he forgot his keys, and he texted the girl back. She taunted him and stated that he was only mad because he forgot his keys, and she put smiley faces on the text, and was taunting him for calling her a slut. She then called the ASU Police Department, and a Sexual Assault investigation began.
Mr. M then secured the services of DM Cantor in order to defend him. We immediately had him Polygraphed, and showed that he was being “truthful” about a consensual near-sex experience. The Police had attempted to question him earlier, and they had secured DNA samples from Mr. M. After we had Mr. M perform the Polygraph, we included all the information in a Trebus-Bashir letter to Detectives. Ultimately, the Maricopa County Attorney’s Office “Declined to File Charges.” In addition, after U of A was informed of these allegations, we conducted a Title 9 hearing which did “Not Substantiate” the allegations of Sexual Assault. Mr. M was allowed to continue at U of A in order to get his undergraduate degree.
