( CNN ) -- A statutory rape charge against an 18-year-old Michigan man who had sex with a 14-year-old girl has been dropped after the girl committed suicide , according to the Wayne County , Michigan , prosecutor 's office . `` Our witness was the evidence and her testimony was going to be our evidence in the case , '' said Maria Miller , spokeswoman for the prosecutor 's office . `` Our heart goes out to the family in what is just a tragic case . '' The mother of Samantha Kelly made a tearful plea for justice on Wednesday after watching former defendant Joseph Tarnopolski go free . `` My daughter did not get any justice before this , and she is not getting justice now , '' Kelly 's mother , June Justice , told reporters , according to CNN affiliate WDIV . Samantha Kelly 's death removed evidence and testimony that might have led to a conviction , and made it impossible for the defendant to face his accuser under oath in open court , Miller said . The girl 's body was discovered by her 12-year-old brother after she hanged herself in her bedroom on Monday , according to Huron Township Detective Scott Carey . Tarnopolski , who faced the specific charge of criminal sexual conduct of the third degree , acknowledged having sex with Kelly but disputed claims that it was not consensual . `` It was a mutual thing and I have text messages proving that , '' Tarnopolski told WDIV . `` It 's her parents that pushed it as hard they did , '' he said . `` They said I threw her down and all that stuff . It never happened . '' A police investigation indicated the sexual encounter was consensual but the alleged victim was under the age of consent , according to a written statement by Huron Township police . Despite Tarnopolski 's admission of a sexual encounter , Michigan state law precludes using only the defendant 's statement in proving a case . Choking back tears in front of reporters , the girl 's mother said court authorities took her into a separate room where prosecutors explained the ruling before the case was dismissed . `` This is our justice system , '' she said disparagingly . News of Samantha Kelly 's death rippled through the small Detroit suburb in Wayne County . `` It 's torn all of us up , '' said neighbor Amy Tyree . `` Anytime you have a loss of a young child , it just tears the community to pieces . ''
A statutory rape case is dismissed when the alleged victim , 14 , takes her own life . Comment: Michigan law does not allow only the defendant 's testimony to prove a case . The girl was discovered by her 12-year-old brother after she hanged herself .