Sexual Assault – Arizona’s Rape Laws: A.R.S. 13-1406
Sexual assault, commonly referred to as rape, is a criminal offense taken very seriously in the state of Arizona. The offense comes with severe consequences for those convicted, both legally and in terms of reputation.
According to A.R.S. 13-1406, sexual assault is committed when a person intentionally or knowingly engages in sexual intercourse or oral sexual contact with any person without their consent.
Consequences of Sexual Assault
Sexual assault is a class 2 felony in Arizona. First time offenders can be incarcerated for up to 14 years, but the incarceration length can increase up to 28 years for offenders with prior convictions.
Additionally, those convicted will not be eligible for suspension of sentence, probation, pardon, or release from confinement on any basis except as specifically authorized for temporary removal for prison work or compassionate leave.
Any sentence imposed will be consecutive to any other sexual assault sentence imposed on the offender at any time.
If the sexual assault involved the knowing infliction of serious physical injury, the offender may be sentenced to life in prison.
Those convicted of sexual assault must also register on the sex offender list, pursuant to A.R.S. 13-3821.
Sexual assault in which the victim was under 15 years old has additional consequences, read below.
Sexual Assault of a Victim Under the Age of Fifteen Years
The sexual assault of a person who is under 15 years old is considered a dangerous crime against children. As such, sentence ranges are much harsher. First time offenders may be incarcerated for up to 27 years, with that term growing to 37 years for offenders convicted of a previous predicate felony.
If the victim of sexual assault was 12 years old or younger, the offender will be sentenced to life in prison. They will not be eligible for suspension of sentence, probation, pardon, or release from confinement until the sentence is commuted or they have served at least 35 years.
Sexual Assault Involving Drugs
Arizona statute specifically allows for sentences to be increased by three years for sexual assault involving the following drugs:
- Flunitrazepam (commonly known as Rohypnol)
- Gamma Hydroxy Butyrate (GHB)
- Ketamine Hydrochloride
These drugs are commonly referred to as “date rape” drugs, as they render the victims essentially helpless and unable to either refuse or consent to sex, thus aiding the offender in carrying out their sexual assault.
The additional sentence imposed as a result of the use of these drugs in the crime is in addition to any applicable enhanced sentence.
First time offenders can be incarcerated for up to 14 years. Offenders with additional historical prior felonies can find themselves incarcerated for up to 28 years.
Romeo and Juliet Law
While the legal age of consent in the state of Arizona is 18, state law provides a “Romeo and Juliet” law that allows for the defense of a person who commits sex with a minor if the following applies:
- The victim involved (the minor) was 15, 16, or 17 years old.
- The defendant was no more than two years older than the victim.
- The defendant was less than 19 years old and/or a high school student.
- The sex was consensual.
Sexual assault charges have lasting and severe ramifications for those convicted. Reach out to Rideout Law Group for experienced and aggressive defense attorneys.
RIDEOUT LAW GROUP
With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.
Our goal is for the best outcome for your criminal case, which can include:
- charges that are reduced or dropped.
- top experts reviewing your case.
- aggressive negotiations with the prosecution for plea bargains.
- fines or probation in lieu of jail time.
At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.
Call us today for a free consultation at 480-584-3328.