Arizona Sex Crimes FAQ » Question Category Sexual Assault – Arizona Sex Crimes FAQ

What are the possible defenses to Arizona Sex Crimes Charges?

admin — Wed, 14 Jul 2010 22:05:50 +0000

The primary defenses to a sex offense include insufficient or tainted evidence, factual innocence, mistaken identity and, in some cases, consent. Moreover, it is important to examine the factual circumstances of the accuser. Moreover, there are statutory defenses for some specific situation:

For charges of sexual abuse pursuant A.R.S. 13-1404 that the person was the spouse of the other person;
For Indecent Expose charges, Sexual Abuse charges, Sexual Conduct with a
Minor charges and Sexual Assault charges, it may be a defense if the act was done by a duly license physician or registered nurse for purposes of administering a lawful form of treatment;
If the defendant was not motivated by a sexual interest pursuant to A.R.S. 13-1407.

What is the difference between rape and sexual assault?

admin — Wed, 14 Jul 2010 22:04:53 +0000

Arizona law no longer uses the term “rape,” replacing it with sexual abuse or sexual assault to describe prohibited acts. Traditional rape is covered by these statutes. However, most sexual assault statutes cover more types of sexual acts than what is traditionally thought of as “rape” and apply to victims of either gender. See A.R.S. 13-1406.

Is it statutory rape if someone lies about his or her age?

admin — Wed, 14 Jul 2010 22:04:38 +0000

A mistake about age is not typically a defense to statutory rape charges, even if the underage person lied and gave consent. It is a “strict liability” offense, which makes the perpetrator responsible regardless of the surrounding circumstances.

If have you been falsely charged with Sexual Abuse, what must State prove to convict you?

admin — Wed, 14 Jul 2010 22:04:22 +0000

In order for you to be convicted of the crime of Sexual Abuse, the State must prove beyond reasonable doubt you:

Intentionally or knowingly;
Engaged in sexual contact with a person;
Who is fifteen (15) years of age or more;
Without consent of that person;
OR – with any person under the age of fifteen (15) if the contact involves only the female breast.

See A.R.S. 13-1404.

How do Arizona Courts define “without consent”?

admin — Wed, 14 Jul 2010 22:01:14 +0000

There are four (4) situations where Arizona law applies the terms “without consent.”

The victim is coerced by reason of a mental disorder, defect, drugs, alcohol or any type of impairment; and that impairment/condition is known or should have reasonably been known to the person accused of the crime;
The victim is intentionally deceived as to the nature of the act;
The victim is intentionally deceived to erroneously believe that the person is the victim’s spouse

See A.R.S 13-1401.

Is consent a defense to Sexual Assault or Statutory Rape charges?

admin — Wed, 14 Jul 2010 21:59:03 +0000

Consent may be a defense to sex crimes. However, some individuals are not considered able to consent to sex under the law. For those individuals, even if they explicitly agree, their agreement is not legally valid. For example, minors, the mentally disabled and unconscious or intoxicated people (even if they willingly became intoxicated) typically cannot provide valid consent. Statutory rape or date rape charges may result.

What are ranges of punishments for Arizona Sex Offenses?

admin — Wed, 14 Jul 2010 21:58:38 +0000

Obviously the penalties vary based on the type of crimes you are charged. Some accused a sexual assault charge (commonly known as rape) will be facing a different penalty than a person charged with indecent exposure (sometimes known as flashing.) The types of punishment range from:

Probation for a limited time;
Lifetime probation;
Probation with a term of jail (up to 6 months for misdemeanors and 1 years for felonies);
Financial Punishments such as fines;
Community service and counseling or probation;
Prison sentences;
Sex Offenders Registration;

Any combination of the above is also possible.

What are some of the different types of Arizona Sex Crimes?

admin — Wed, 14 Jul 2010 21:56:53 +0000

Sexual Assault A.R.S. 13-1406
Indecent Exposure A.R.S 13-1402
Public Sexual Indecency A.R.S. A.R.S 13-1403
Sex Abuse A.R.S 13-1404
Sexual Conduct with a Minor A.R.S. 13-1405
Sexual Misconduct – Behavior Health Professional A.R.S. 13-1418