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Man arrested for lewd and lascivious battery on child in Tallahassee

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TALLAHASSEE, Fla. (WTXL) - A 23-year-old man has been arrested after a 15-year-old child told deputies he forced his way into her house and sexually assaulted her. 

Jmaya Phillips, 23, was arrested in Tampa on Dec. 19 and was extradited to Tallahassee on Monday.

According to a probable cause document, the Leon County Sheriff's Office was called to investigate the incident on January 27, 2016.

The complainant said that she came to the home to check on the 15-year-old victim because the victim's mother was out of town. However, the caller said the teen was "acting strange" so she walked around back, anticipating that someone may try to sneak out of the house.

After a few minutes, the complainant said she saw Phillips come out of the back door, covered in sweat. That's when she called deputies to investigate.

When deputies spoke to the victim, documents say the victim confirmed she had sexual contact with Philips. The victim told them that she had gotten off the bus that day and was approached by Philips and another person.

Phillips asked if he could come inside the victim's house, to which she declined.

Documents say that as the victim opened the door to her home, the victim said Philips forced his way in, pushing her down and getting on top of her. The victim told investigators that she told him to get off as she tried to get him out of the house.

However, he kept persisting, pushing the victim into a bedroom and again getting on top of her. As Philips tried to force his hands down the victim's pants, the victim again told Phillip to leave her alone and get off. The victim told investigators that Phillips eventually got off of her and closed the bedroom door.

"[The victim] went to make sure [Philips] had left, but found him hiding in the kitchen," documents say. She again told him to leave.

Thinking that she was finally alone, the victim said she ran some water to take a shower. That's when Philips came back into the bedroom and again tried to force the victim's clothes off.

The victim told Philips, "No, leave me alone, you need to go," but he kept going, eventually taking off the victim's pants. Documents say Philips continued and had sex with the victim while holding her hands down.

The victim said Phillips stopped when the complainant came into the home.

After speaking to the victim, deputies spoke to Philips who initially said he only came over to the victim's how to get some Gatorade.

But when he was confronted with inconsistencies in his story, Philips eventually admitted that he came over to the house to have sex with the victim, but was interrupted before sex took place. 

According to court documents, a sexual assault examination kit from the victim was sent to FDLE for testing. The testing revealed that Phillips' DNA was found on the victim in areas consistent with her account. 

Based on the evidence, deputies found probable cause to charge Philips with lewd or lascivious battery of a victim older than 12 years of age, but younger than 16. Phillips was arrested in Tampa on Dec. 19 after a warrant was issued for his arrest the day prior. 

His bond was set at $25,000 during an arraignment hearing on Tuesday.