State v. Ms. S (DMC No. 12420) – Felony Failure to Report Child Molestation – Not Charged – Mesa Police Department Investigated (DR No. 20XX-XXXXXX8):
The Mesa Police Department became involved in a case when an 8 year old girl alleged being molested for the previous 3 years by her 14 year old biological brother. This included both penial and anal penetration. When this had occurred, the daughter claimed she disclosed this to her mother, and the mother merely told the brother to stop molesting his sister.
We were then hired by the mother in order to defend her against the felony charges of Failure to Report Child Molestation per ARS 13-3620. This is a Class 6 Felony, which can carry mandatory prison time. It was alleged that the child had told her mother about this on 4 separate occasions and that the crime was never reported to the authorities.
Once we became involved, we were able to show the Detectives that the 8 year old girl’s story would change routinely. She also thought she had told her father about the claimed molestation, then said that she had forgotten about it, and then she said she didn’t tell anyone because she was afraid she would get into trouble. We also did not allow the Police to interview Ms. S. Ultimately, No Charges were brought against Ms. S and she has no criminal record.