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Case Briefing: State In The Interest Of M.T.S.

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I. Facts

Fifteen-year-old C.G. was living with her mother and three siblings. Several other people, including M.T.S. and his girlfriend lived with them. There was a total of 10 people in the three bedroom home at the time of the incident. M.T.S., who was seventeen, was staying with C.G. and her family with her mother's permission. C.G. had her own room, while M.T.S. slept on a couch downstairs. On May 21, at approximately 11:30pm, CG. went upstairs after having watched television with M.T.S., his girlfriend, and her mother. She was wearing underpants, a bra, shorts and a t-shirt. At the Trial, C.G. and MTS both had different accounts as to their relationship. C/J. stated that earlier in the day, MTS told her that he was "going to make a surprise visit up to her room" on three or four occasions. CG said she had not taken MTS's comments seriously. Two different stories were given as to what took place upstairs, so the court credited neither testimony fully. CG. said that at 1:30 am, she woke up to see MTS standing in her doorway, fully clothed. She said that MTS said he was "going to tease her a little bit". C.G. said she didn't "think" anything of it, went to the bathroom, and fell into a heavy sleep within 15 minutes.

CG claimed that she woke up with MTS on top of her, her underpants and shorts were removed and MTS had his penis inside her. As soon as CG realized what happened, she said, she immediately slapped MTS in the face and told him to "get off of her and get out"

CG said that at 7:00 am the next morning, she told her mother what happened, and that they would have to get him out of the house. Her mother, while MTS was on an errand, gathered his clothes and put them in his car outside. When he returned, he was told that he "better not even get near the house". C.G and her mother filed a complained with the police.

MTS testified that C.G and himself had been good friends, and that during three days preceding the incident, they had been "kissing and necking" He testified that C.G. repeatedly encouraged him to "make a surprise visit up in her room". MTS said that at exactly 1:15am on May 22, he entered C.G.'s bedroom as she was walking to the bathroom. When she came back, the two began "Kissing and all" and eventually moved to the bed. Once they were in bed, they undressed each other and continued to kiss and touch for 5 minutes or so. MTS and CG proceeded to have sexual intercourse. According to MTS, who was on top of C.G., he "stuck it in, and did it three times" and that's when C.G. told him "Stop, get off" and he "hopped off right away."

According to MTS, after about a minute, he asked C.G. what was wrong, and she backhanded him, replying with "How can you take advantage of me or something like that. MTS said he got dressed and told C.G. to calm down. But then she told him to get away from her and began to cry. MTS the said "I'm leaving, I'm going with my real girlfriend. I don't



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