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Hiring An Experienced Sexual Assault Lawyer in Arizona

Criminal sexual assault is a very serious crime in Arizona. Also known as rape, a conviction for this offense can result in decades in prison and other severe penalties.

If you are convicted of rape, you will also have to register as a sex offender for the rest of your life after you complete your prison sentence. Being accused of a rape offense will also result in substantial public stigma.

Even though you are supposed to be presumed innocent until and unless the prosecutor proves your guilt beyond a reasonable doubt, many people assume that someone accused of rape is guilty. This can result in severe reputation damage, job loss, and other problems.

If you have been charged with rape, you will need to retain an experienced and competent sexual assault lawyer as soon as possible to fight for your freedom and your reputation.

Your attorney at Colburn Hintze Maletta is prepared to vigorously defend you against these types of charges. Below is an overview of this charge so that you can gain a better understanding of what you might be facing and the defenses that might be available to you.

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Charges of Sexual Assault or Rape

What is Sexual Assault in Arizona?

Typically, people call the crime of sexual assault “rape.” When people think about a sex assault, they typically envision a situation when a perpetrator threatens violence or uses violence to force victims to submit to sexual intercourse.

Under ARS 13-1406, however, there are multiple ways that this offense can occur. For example, rape can happen when someone administers a victim drugs to keep them from resisting or could also include oral sex without intercourse.

To prove that a defendant committed rape, a prosecutor will have to prove each of the following elements beyond a reasonable doubt:

  • The defendant;
  • On the date and at the location charged;
  • Intentionally or knowingly;
  • Had sexual intercourse or oral sex with someone else;
  • Without that person’s consent

The prosecutor must prove each of these elements beyond a reasonable doubt. If the prosecutor cannot prove any one of the elements, the defendant cannot be convicted of the crime.

When you hire an experienced sex assault lawyer at Colburn Hintze Maletta, they will carefully examine the evidence for each element to identify potential defenses to the charge.

Not consenting can include more than saying no or attempting to resist rape. A victim will be considered to have not consented if the defendant coerced the victim into engaging in sexual intercourse or oral sex because the person suffered from a mental defect or disorder.

Another way that consent would not be intentionally given could be if the victim was under the influence of alcohol or drugs when the person’s impaired condition prevented him or her from consenting, and the defendant knew that the person was impaired or reasonably should have known.

According to Arizona laws, a person will be deemed to have not consented if the defendant intentionally deceived him or her about the act’s nature or deceived him or her into believing erroneously that the defendant was his or her spouse.

 

Penalties & Prison/Jail Time for Sex Assault or Rape

If you are charged with sex assault/rape, it is a Class 2 felony in Arizona. The penalties you might face will depend on the victim’s age, the circumstances, and your criminal record.

If the alleged victim is age 15 or older, you will face the following penalties for a first offense:

  • Minimum 5.25 years in prison
  • Presumptive 7 years in prison
  • Maximum 14 years of prison
  • Fines of up to $150,000
  • Lifetime sex offender registration

For a felony conviction of rape with one previous allegeable felony, you will face the following penalties:

  • Minimum 7-year prison sentence
  • Presumptive 10.5-year prison sentence
  • Maximum 21-year prison sentence
  • Fines up to $150,000
  • Lifetime sex offender registration

For a rape conviction with two prior felony convictions that can be alleged, you will face the following penalties:

  • Minimum 14-year prison sentence
  • Presumptive 15.75-year prison sentence
  • Maximum 28-year prison sentence
  • Fines up to $150,000
  • Lifetime sex offender registration

If the victim is between the ages of 12 and 14, it is a dangerous crime against a child under ARS 13-705. Under this statute, you will face a minimum prison sentence of 13 years up to a maximum prison sentence of 27 years for a first offense.

If the victim is younger than age 12, you can be sentenced to spend the rest of your life in prison for a first offense.

Ways a Sex Assault could become an Aggravated Charge

If you administered “date rape drugs” to the victim to prevent the victim from resisting, your prison sentence would be increased by three years. These drugs include substances like “GHB,” “Rohypnol,” and ketamine, which is also known as “Special K.”

If you knowingly or intentionally caused the victim to suffer serious bodily injury when committing rape, you can be sentenced to serve life in prison.

Required Sex Offender Registration

Under ARS 13-3821, you will be required to register as a sex offender for the rest of your life if you are convicted of rape. If you fail to comply with your registration requirements, you can face a new felony charge and additional penalties.

Registering as a sex offender means that your information and pictures will be posted on the state’s sex offender registry website and will be publicly viewable.

You may also be restricted on where you can live, be required to report to the sheriff’s office anytime you move and at least once per year, and have to get a new driver’s license each year at a substantial cost. Registered sex offenders also commonly deal with stigma from others in public.

Effective Defenses to Rape Charges

When you are facing rape charges, you might worry that you will not be able to defend against the allegations against you. However, there are several defenses that your attorney might be able to raise, depending on the facts of your case.

Some of the common defenses that might apply include the following:

  • Any confession you made was coerced by the police.
  • The police did not have probable cause to collect evidence.
  • The alleged victim fabricated the story.
  • You were somewhere else when the alleged attack occurred.
  • You were misidentified.
  • You were not read your Miranda Rights when arrested.
  • You were denied the right to legal counsel at the time of the arrest.
  • Inconclusive or improperly gathered DNA evidence
  • There are technical issues with the charges.

Often in rape cases, the police interrogate the defendants to try to secure confessions. However, if the police coerced you into falsely confessing to the offense, your attorney might be able to get your statements thrown out. If the state’s case against you is largely based on your confession with no physical evidence, your case might be dismissed.

The police must have probable cause before they can search your home or collect evidence from your person. Police officers normally submit affidavits to judges to secure search warrants allowing them to conduct searches.

If the police conducted a warrantless search or included false statements in the affidavit, your attorney might challenge the admissibility of the evidence gathered against you. If successful, the evidence will be suppressed, and the prosecutor might have no other choice than to dismiss your case.

In some cases, people will falsely accuse others of rape. This might happen during a divorce or when the alleged victims have some other motivation to try to get revenge for some past wrong. If you have been falsely accused of rape, your attorney will carefully investigate the allegation to uncover the alleged victim’s underlying motivation to lie and work to gather evidence showing your innocence.

Some people are charged with sex crimes when they could not possibly have committed the crimes because they were not present. If you were somewhere else at the time the alleged rape occurred, your attorney might raise an alibi defense. Your attorney will need to present evidence showing that you were elsewhere. This might include cell phone data showing your phone pinging off of distant cell towers, hotel receipts in different cities, plane tickets, witnesses, or video from stores you visited.

If you do not know the victim but were picked out of a lineup, your attorney will carefully review the lineup procedure used by the police. Eyewitness identifications are known to be problematic and have led to many wrongful convictions.

Your attorney will look at how the lineup was conducted to determine whether it was proper and might file a motion to challenge the procedure used.

Many rape cases also include technical deficiencies in how they were charged. For example, the prosecutor might file charges under the wrong statute or with inaccurate aggravators or allegations. A good sex crimes lawyer will look for technical problems to raise in your defense.

Rape vs. Statutory Rape

Statutory rape is known as sexual conduct with a minor and is found in ARS 13-1405. While the term “rape” refers to engaging in sexual intercourse or oral sex by use of force, threats, or occurs when the victim is unconscious and cannot consent, statutory rape can be charged when an adult engages in sex with someone who is younger than age 18. Minors are deemed to not be able to consent because of their age.

We Will Fight for Your Freedom!

If you are facing accusations of rape, you need to get legal help immediately. A conviction for this type of offense can permanently harm your life and result in a lengthy prison sentence.

If you are being contacted by a detective wanting to speak with you regarding sexual assault allegations, you should consult with an experience sexual assault lawyer immediately. It is never recommended that you speak with a detective without first seeking the assistance of an attorney.

Contact Colburn Hintze Maletta today at (602) 825-2500 to schedule a confidential consultation.

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