Arizona man accused of sexually assaulting a woman during their first date: court documents

UPDATE: "This case was declined for prosecution. After reviewing the case, our prosecutors determined the evidence presented was not sufficient to reach a reasonable likelihood of conviction," stated Vanessa Ceja-Cervantes of the Maricopa County Attorney's Office in January 2024.

Our original story is below.


GILBERT, Ariz. – A Gilbert man is accused of felony sex assault, following an incident that allegedly happened during a first date.

Court documents state that the suspect, identified as 21-year-old Kayden Burnes, was arrested on July 17. The incident was reported to police on July 15.

According to investigators, the alleged victim went on a first date with Burnes on July 14, and as the two got intimate, the alleged victim told Burnes that she did not want to engage in sexual intercourse.

"[Burnes] responded by telling her ‘OK, that’s fine, we can just make out,'" read a portion of the court documents.

Eventually, however, investigators allege that Burnes rolled over on top of the alleged victim, and started to remove her pants.

"[The alleged victim] told him, ‘I don’t think this is a good idea,'" investigators allege in the court documents. They also alleged that after that, Burnes removed the alleged victim's pants and underwear, and started to perform sexual acts on her.

The alleged victim, according to court documents, asked Burnes to stop on a number of occasions during the incident.

Investigators said the alleged victim later confronted Burnes about the incident via a telephone call. During the call, the alleged victim said she had told Burnes she did not want to have sex, and that she told Burnes ‘no’ during the incident.

"[Burnes] acknowledged that he didn't listen, and even stated that he felt like he took advantage of her and that was his intention," read a portion of the court documents.

Burnes, according to investigators, is accused of two counts of sexual assault. A judge has ordered Burnes to be released without bail, but he is subjected to electronic monitoring, and he is ordered to not have any contact with the alleged victim, among other release conditions. A preliminary hearing is scheduled for Aug. 4.