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Sexual Abuse Charges in Arizona
Arizona takes sexual abuse charges seriously. Based on the allegation’s severity, one could face prison time, fines, and registration on a sex offender list. Yet, although Arizona finds sexual abuse reprehensible, different penalties apply to different cases. For instance, cyberstalking results in lesser charges and penalties than exploiting a minor for sexual gratification.
If you’re facing sexual abuse charges, you may have many questions about these cases and how they progress. A Phoenix sex crime lawyer can offer more information specific to your situation.
What Defines Sexual Abuse?
Arizona law defines sexual abuse as when someone intentionally or knowingly makes non-consensual sexual contact with someone 15 years or older. Sexual abuse can also refer to situations where an adult makes non-consensual sexual contact with the breasts of someone under 15. Consent is at the core of many sexual abuse cases. Without both parties consenting to sexual activities, this constitutes abuse.
Examples of sexual abuse include:
- Unwanted sexual touching on any part of the body
- Sexual groping or fondling
- Sexual abuse between family members
- Coerced sexual contact
This is not an exhaustive list. In addition, one could face criminal charges for other sexual acts beyond those listed here.
How Does Arizona Law Define Consent?
The Rape, Abuse & Incest National Network (RAINN) notes that consent requires that two parties willingly engage in sexual activity without pressure, fear, or violence. Each party must verbally consent or reciprocate physically. Anyone can withdraw consent at any time.
Arizona law notes that one cannot consent if they are:
- Mentally defective, such as having an IQ of 70 or lower
- Mentally incapacitated, such as being under the influence of drugs or alcohol
- Physically helpless, such as being unconscious or unable to speak
As noted, consent is a huge component of a sexual abuse case. Your lawyer may argue that the other party consented (and was able to consent), and you shouldn’t face criminal penalties.
Penalties for Sexual Abuse Convictions
All sexual abuse convictions are serious matters. They can prevent you from picking up your children from school, getting certain jobs, and passing background checks. However, the state imposes different penalties for different convictions.
Penalties for Sexually Abusing Someone Older Than 15 Years Old
Sexually abusing someone older than 15 results in a felony.
As explained by Arizona law, a first-time conviction could result in:
- A prison term of up to two-and-a-half years
- A maximum fine of $150,000
- Sex offender registration
Depending on the circumstances of the sexual abuse case, you may face additional charges, which could increase the associated penalties. Sometimes, other charges compound sexual abuse, such as kidnapping, drug possession, and drunk driving. These could increase the severity of the penalties you face.
These penalties can also increase with each subsequent conviction for a sex crime.
Penalties for Sexually Abusing a Child Under 14 Years Old
Arizona does not offer leniency for those convicted of child sexual abuse. You can’t have your sentence commuted—and you can’t seek parole, either. That means you must serve the entirety of your prison sentence and not a day less.
Arizona law notes that if found guilty of sexually abusing a child, you could face:
- A prison sentence of two-and-a-half years to seven-and-a-half years
- A fine of up to $150,000
- Being listed on a sex offender registry
Explore your legal options immediately after learning about your sexual abuse charges by calling a sex crimes lawyer near you. Even if you’re falsely accused, you could see a complete transformation in your quality of life if convicted.
Penalties for Allegedly Sexually Abusing a Person Over the Age of 15
If you are charged with sexually abusing someone who is 15 or older, this offense is classified as a Class 5 felony. The first conviction of this offense will result in the following penalties under ARS 13-702 and 13-801:
- Prison from a mitigated six months to an aggravated 2.5 years
- Maximum fine of $150,000 plus an 84% surcharge
If the victim is under age 18, sex offender registration will be mandatory per ARS 13-3821.
For a second conviction of sexually abusing someone who is at least 15 years old, the prison sentence will range from a mitigated sentence of one year to an aggravated sentence of 3.75 years.
If you have two prior allegeable felonies, a third conviction involving a victim who is at least 15 years old will result in a prison sentence of a mitigated three years up to an aggravated 7.5 years.
Penalties for Allegedly Sexually Abusing Someone Who is 14 or Younger
Sexually abusing a child who is 14 or younger is a dangerous crime against children or DCAC and a Class 3 felony. DCACs have enhanced penalties under ARS 13-705. For the first conviction involving someone ages 14 or younger, the following penalties will apply:
- Mandatory prison ranging from 2.5 to 7.5 years
- Fines of a maximum of $150,000 plus an 84% surcharge
- Mandatory sex offender registration
If you have one prior allegeable felony and are convicted of a DCAC, the prison sentence for sexually abusing a minor younger than age 18 will be eight to 22 years.
All people who are convicted of DCACs are not eligible for early release on parole or suspended sentences. This means that you will have to serve the entire sentence you are ordered to serve by the judge before you get out of prison.
Sexually abusing a minor under the age of 18 will also result in lifetime sex offender registration. Registering as a sex offender can cause other problems in your life. You might lose any professional license you might hold and be fired from your job.
Having a felony sex crime on your record will also make it more difficult for you to find a new job or a place to live. This type of offense can also cause difficulties in your interpersonal relationships and cause you to lose friends.
You might also be forbidden from having any contact with people who are under the age of 18, including your minor children, without your probation officer’s approval upon completing several tests.
Possible Defenses in Sexual Abuse Cases
Partnering with a lawyer could be in your best interest if you face sexual abuse charges in Arizona. They may employ one of the following defense strategies to secure a favorable outcome:
You Didn’t Do It
Your lawyer may assert your innocence using various evidence, including cell phone records, forensic data, and witnesses’ testimony.
They may argue that:
- The other party misidentified their abuser.
- The charges against you have no factual basis.
- The other party consented to sexual activity.
- You had an alibi for when the alleged abuse took place.
False accusations can and do happen. However, your lawyer can paint a picture with supporting evidence showing that you didn’t perpetrate sexual abuse.
The Sexual Encounter Was Accidental
To convict you, the prosecution must show that you knowingly or intentionally forced another person to engage in sexual activity. The key word here is knowingly. So, if you accidentally brushed against a co-worker’s breasts, this would not constitute abuse because of the lack of sexual intent.
You and the Other Party Were in the Same Age Range
You could face statutory rape charges if you and the other party have a significant age difference. Yet, Arizona has a Romeo and Juliet law, which offers a defense if you’re in this situation.
Your lawyer may cite this law if:
- The alleged incident happened while you were under 19 or still in high school.
- You and the other party have an age difference of fewer than 24 months.
- The other party consented to sexual activity and was at the age of consent.
The Other Party Is Lying About the Abuse
As noted, false sexual assault allegations can happen. Your lawyer may identify a motive for why the other party may falsely accuse you of sexual abuse.
These reasons may include:
- Custodial disputes. If you’re in the middle of a heated custody battle, your former spouse could allege sexual abuse to gain leverage.
- Jealousy. You and the other party may have ended a relationship on poor terms. Hard feelings could compel the other party to make false accusations.
- Mental illness. The other party may have a mental illness that involves attention-seeking behavior, even negative attention. The other party may even genuinely believe a non-threatening encounter constituted sexual abuse.
If the other party falsely accuses you of a crime, the courts may impose penalties on them. Again, your lawyer can explain more about this during your initial consultation.
Your Lawyer May Move to Have Certain Evidence Disregarded
The prosecution must show beyond a reasonable doubt that you intentionally and knowingly perpetrated sexual abuse. This requires furnishing evidence of your guilt. Yet, the prosecution cannot use improperly-collected evidence.
For instance, suppose you made a statement to law enforcement without hearing your Miranda rights. In this situation, your lawyer could move to have that statement disregarded. In another situation, law enforcement may search your home without a warrant. Without a warrant, any information found during the search is not admissible.
Without evidence, the prosecution cannot hope to convict you.
Your Sexual Abuse Case Could End With One of These Outcomes
When you partner with an attorney, they work to ensure you’re treated fairly throughout all criminal proceedings.
They also aim to seek the best possible resolution to your case, which may include:
- A not guilty verdict. Your case may go all the way to a verdict. If so, your lawyer may hope to prove your innocence beyond a reasonable doubt. They can do this by cross-examining witnesses, moving to have certain information disregarded, and possibly citing an alibi.
- A reduction in the charges against you. The prosecution may seek the highest possible penalty for an instance of sexual abuse. This may not reflect the actual events that took place. Your lawyer may request a reduction of your prison sentence, payable fines, and your sex offender registry terms.
- Your case’s dismissal. If the prosecution doesn’t have compelling evidence, your lawyer can move to have the judge dismiss your case. This would look like a not guilty verdict on your criminal record.
Depending on your situation, your lawyer may push for other outcomes. For instance, they may push for a “guilty by reason of insanity” verdict. Then, instead of prison, you could receive long-term treatment at a mental health institution.
Considerations When Facing Sexual Abuse Charges in Arizona
You reasonably want the best possible outcome to your sexual abuse case. You can promote your case’s resolution by:
Considering Legal Help
You may hesitate to seek legal representation because of concerns about cost. Yet, the cost of hiring a lawyer pales in comparison when thinking about the cost of a conviction on your life. In addition, a criminal defense attorney can investigate the allegations, cross-examine witnesses, and consult with experts on your case. They can also advise you on what you should and shouldn’t do when awaiting trial.
Refraining from Contacting the Other Party
You may want to message your accuser and talk to them about the situation. However, this does not benefit you. If anything, any attempts at communication could hurt your case. For instance, the other party may accuse you of pressuring them into dropping the allegations.
They may also accuse you of intimidating them, so they wouldn’t testify. These accusations could make you look bad, making it difficult to secure a “not guilty” verdict.
Limiting Your Social Media Use
The prosecution may rely on character witnesses to show your motivation for sexual abuse. They may also use anything you post on social media to fit their narrative.
Anything that you share online becomes a public record and admissible in court. Therefore, during your case’s progression, avoid uploading pictures, making posts, and commenting on others’ statuses.
Abstaining From Criminal Activity
You should avoid engaging in criminal activity even if you’re not facing charges. However, you should remain mindful of your activities. Anything you do while your case progresses could affect your sentencing later.
You May Have These Questions About Sexual Abuse Cases in Arizona
If you’re facing criminal charges, you may wonder:
How Long Will My Case Take?
Under the U.S. Constitution, you have the right to a speedy trial. Yet, your case’s timeline depends on many different factors, including the availability of evidence and the court’s docket. As a result, the trial itself may not take more than a few days. The jury’s deliberations can also range from a few hours to a few days.
Could I Get Fired From My Job if Convicted of Sexual Abuse?
Maybe. It really depends on what job you have. For instance, if you work in a school, a conviction would require you to seek a new line of work. If you work within 1,000 feet of a facility where children are present, you would need to switch jobs. This can make securing legal aid vital. A conviction can completely upend your financial stability and means of employment.
Can I Defend Myself in a Sexual Abuse Case?
Many attorneys warn against pro se representation in criminal defense cases. Unless you have a comprehensive knowledge of state law, you should consider partnering with a professional.
Without legal help, you risk:
- Saying something that fuels the prosecution’s allegations
- Being unable to find and use compelling evidence
- Presenting yourself as not credible to the judge and jury
- Not knowing what laws apply to your defense
- Mismanaging paperwork and deadlines
- Misunderstanding courtroom protocol
Do not test your knowledge of state law during a sexual abuse trial. These are delicate and complex matters that the state takes seriously. Secure legal help at your earliest convenience.
Could Previous Convictions Hurt My Case?
Whether a previous criminal conviction affects your sexual abuse case depends on the nature of the offense. For instance, if this is the second time you’re facing sexual abuse charges, that could compound the prison time, fines, and other penalties involved. However, if you were previously convicted of an unrelated offense (such as shoplifting), this may have no effect on your present circumstances.
Consider Partnering With a Lawyer
After reading all this information about sexual abuse, one thing is clear: you deserve representation, whether you actually committed the crime or not. Many criminal defense lawyers offer free case reviews where you can learn more. You can contact an attorney’s team to ask your questions and begin taking the next steps for your defense.