State v. Mr. T (DMC No. 16044) – Felony Sexual Assault (“Me Too” Allegation) – Not Charged (and Title 9 Claim “Unsubstantiated”) – Tempe Police Department Investigated (TE No. 20XX-XXXX2), and Scottsdale Community College Title 9 Office Investigated
Mr. T had dated his girlfriend for approximately a month, when they had sex for the first and last time. The next day, she broke up with him. Almost two years later, she contacted the Tempe Police Department (with her new boyfriend at her side) and claimed that the one time she had sex with Mr. T it went from being consensual, to not being consensual, and that he had slapped and punched her.
After she gave the story to Police, they asked her how long she stayed with Mr. T after the alleged Assault. She said she stayed for an hour and watched Netflix with him. She also said it did not leave any marks or bruises, and she did not document the incident. When asked why she waited so long to report the incident, she stated that she was Sexually Assaulted when she was in middle school at 12 years of age.
The Police took her entire report and asked her if she would be cooperative in aiding a prosecution. She stated she was not sure, and wanted to talk with her boyfriend. Shortly after this report was made, the Title 9 Office of Scottsdale Community College contacted Mr. T. Once he found out about the allegations, he secured the services of DM Cantor.
As we were defending the case, we found out that the alleged victim was a foreign exchange student from Pakistan. Mr. T had actually had consensual sex with her 15 or more times. He said that since he was contacted by Scottsdale Community College Title 9 Office, the alleged victim’s new boyfriend was texting and harassing him. The boyfriend was upset that Mr. T had “taken her virginity”.
We contacted the Detectives, and informed them that our Client had “passed” a Polygraph test. In addition, we found out that the alleged victim was not calling the Detectives back. Eventually (three months after she had first filed her Police Report), she contacted the Detectives and stated she now did not wish to aid prosecution. Due to this “Me Too” allegation, if Mr. T were charged and convicted, he could have spent over 15 years in Prison. Lastly, the Scottsdale Community College Title 9 Office “Unsubstantiated” the victim’s claim.
