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State v. Mr. S (DMC 15561)

State v. Mr. S (DMC 15561) – Felony Sexual Conduct with a Minor (DCAC:  42-year old adult/13-year old minor), and Felony Sexual Abuse (DCAC) – Not Charged – Gilbert Police Department investigated (DR No. 20XX-XXXXXXXX8):

Mr. S had been in a divorce and shared custody with his ex-wife.  He had three daughters and a son.  His oldest daughter, the 13-year old, had supposedly disclosed that her father had touched her vaginal area.  Officers became involved, and they had her conduct a “confrontation call” with Mr. S, in which she was to try to get him to admit to a crime without him realizing he was being tape recorded.

During this call, she told Mr. S that he had touched her privates.  Mr. S stated that the only time he had ever touched her privates was when she was a baby.  Subsequently, DCS was called in to take custody of the children, and Mr. S was brought to the police station to be questioned.  We became involved in the case and were able to show that the 13-year old had been online and had created a fake KIK account, in which she claimed she was much older, asked for pornography, and claimed she was using pills.  It was also discovered that she had found some of Mr. S’s sex toys and had been using those.  Ultimately, we convinced the Detective to decline routing the file to the Maricopa County Attorney’s Office for the purpose of filing of any and all charges.  Mr. S received his children back from DCS, and their investigation was also closed.  Originally, Mr. S could have spent life in prison if these allegations were proven and he was convicted.

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