SCOTTSDALE, AZ (3TV/CBS 5) - The Maricopa County Attorney's Office said it will not pursue the case against the man police said held his girlfriend hostage and "brutalized" her in a sex dungeon.
Prosecutors said they filed a motion on Monday to dismiss without prejudice the charge of kidnapping against Jason Monroe Smith.
[ORIGINAL STORY: PD: Scottsdale man arrested for 'brutalizing' girlfriend in sex dungeon]
They added that they can refile later if they want since it's "without prejudice."
According to the police report, Smith met the victim on a dating website called "Secret Benefits" and moved her into his home near Thunderbird Road and 90th Street.
Police said Smith had a sex dungeon in his home that had "medieval stocks, metal rack, chains, whips, other blunt weapons, hoist with chains, a large cage with a portable plastic toilet."
Smith made a contract for the woman in which she agreed to be the slave and he would be the master, and she would sleep in a cage, police said.
According to police, the girlfriend claimed Smith dragged her by the hair, shackled her and beat her. One time in March, her restraints broke one of her wrists, police said. He then whipped her 50 times and shocked her, court documents said.
Smith was only charged with kidnapping.
In an interview with Arizona's Family, however, the woman said she consented to the BDSM activity.
"I love him to death," the woman said.
She said she hoped prosecutors would drop the case, which they did.