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State v. Ms. G (DMC No. 11932)

Felony Sexual Conduct with a Minor (Dangerous Crimes Against Children) Dismissed – State v. Ms. G (DMC No. 11932) (Maricopa County Superior Court CR2013-440483): Ms. G was 25 years old with a very low cognitive function.  Her mental level was that of a 7 year old child.  She lived with her sister (her guardian) and her sister’s domestic partner and their children.  There had been previous incidents with the domestic partner’s children in which Ms. G was a victim of sexual conduct.  However, in this particular case, a male child under the age of 15 went into Ms. G’s bedroom and had sex with her.  Because Ms. G stated to the police officers that she knew “sex was wrong” she was immediately arrested and held for 2 weeks without bail.

We became involved in the case and immediately had the judge order a Rule 11 evaluation to determine if she could be “competent” to be prosecuted (see: “what is Rule 11).  She was taken out of custody and evaluated at a facility that determined she was, in fact, “incompetent and non-restorable”.  Other experts agreed, and the Judge Dismissed all charges based upon Incompetency.  If Ms. G had been ruled as “Competent”, she would have faced a minimum of 20 years in prison.

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