Rape is a crime in every jurisdiction. In Arizona, the criminal laws refer to rape as sexual assault and defines this sex crime as intentionally or knowingly engaging in sexual intercourse or oral sexual contact without a person's consent.
If the sexual act does not involve intercourse or oral sex, the law classifies it as "sexual abuse."
Here, we'll explain Arizona's sexual assault laws, including the penalties and possible defenses to sexual assault charges. Most sexual assault convictions carry prison time, fines, and mandatory sex offender registration.
If you're facing charges for either of these sexual offenses, you should contact an experienced criminal defense lawyer.
What is Sexual Assault Under Arizona Law?
Sexual assault in Arizona can include any of the following acts:
- Sexual intercourse without consent (sexual intercourse requires penetration of the vulva, penis, or anus using a body part or foreign object)
- Oral sexual contact (oral contact with the vulva, penis, or anus) without consent
- Verbal threats, fear, or intimidation may also qualify as sexual assault
The Age of the Victim Will Impact Your Criminal Charges
Under A.R.S. 13-705, when the victim of a sexual assault is under 15 years of age, it qualifies as a "Dangerous Crime Against Children (DCAC)."
The statute includes various offenses under the umbrella of a DCAC. These include:
- Molestation of a child
- Sexual abuse of a child
- Sexual exploitation of a child
- Sexual conduct with a minor
If the sexual assault victim is under 15 years old, the penalties are more severe than they would be if the victim were over 15. For example, in cases involving a younger victim, the judge will likely impose longer prison sentences, including life in prison without the possibility of parole.
All sexual assault convictions may result in jail time, and the defendant must register with the Arizona Sex Offender Registry.
The defendant will also face enhanced penalties if the alleged victim suffers from a mental defect.
Arizona's Sex Assault Laws at a Glance
The following table highlights the main provisions of Arizona's sexual assault laws. (See also Statutory Rape and Sex Offenders and Sex Offenses.)
Code sections |
ARS 13-1406 et seq. |
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Elements of sexual assault |
Engaging in sexual intercourse or oral sexual contact with another person without their consent. The sexual conduct does not have to involve penetration for the state to charge you with sexual assault.
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Aggravated circumstances |
If the defendant uses a date rape drug, such as flunitrazepam or ketamine, the court will add three years to their sentence.
If the defendant causes serious physical injury during the crime, their sentence will be 25 years to life in prison.
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Mandatory sex offender registration? |
Yes, the defendant will have to register for life as a sex offender.
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Penalties |
Sexual assault in Arizona is a Class 2 felony, and a conviction will result in a prison term of up to 14 years. If you have a prior felony conviction, the penalty increases to 21 years in prison. If they have more than two prior felony convictions, the sentence will be for up to 28 years.
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When does a person "lack consent?" |
- The defendant takes advantage of someone with a mental disorder or someone suffering from any impairment. The impairment can be the result of drugs, alcohol, or any other substance. The prosecutor must prove that the defendant was aware of the victim’s impairment at the time of the crime.
- The defendant intentionally deceives the victim about the nature of the act.
- The defendant deceives the victim to erroneously believe they are the victim’s spouse.
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Note: State laws are constantly changing. Consult an Arizona criminal defense attorney or conduct legal research to verify your state laws.
Arizona Sexual Assault Resources:
If you or someone you know has been sexually assaulted, contact any of the following:
- National Sexual Assault Hotline: 1-800-656-HOPE
- Arizona Law Enforcement
Accused of a Sexual Assault? Get Legal Help
Sexual assault cases in Arizona carry long jail sentences and massive fines. You'll also have to register as a sex offender for life. If you're facing sexual assault charges in Arizona, contact a local sex crime attorney for legal advice. If it's your first offense, your attorney may negotiate a favorable plea bargain.
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