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Sexual assault, as defined under Arizona law (ARS 13-1406), occurs when a person intentionally or knowingly engages in sexual intercourse or oral sexual contact with another person without their consent.
This offense includes acts where the victim is coerced, threatened, or incapacitated, rendering them unable to provide consent.
If you are facing allegations of sexual assault, it is important to understand the legal definitions and the potential defenses available. Charges of this nature carry severe penalties, including long prison sentences and mandatory sex offender registration. Knowing your rights and securing experienced legal representation can make a significant difference in the outcome of your case.
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Sexual Assault ARS 13-1406
How Does Arizona Law Define Sexual Assault Under ARS 13-1406
Under ARS 13-1406, sexual assault in Arizona is defined as knowingly engaging in sexual intercourse or oral sexual contact with another person without their consent.Consent must be given freely, willingly, and without any form of coercion, and cannot be obtained through force, threats, or deceit.
Additionally, individuals who are incapacitated due to drugs, alcohol, mental impairment, or who are underage cannot legally consent.
Key elements for a conviction include:
- Intentional or knowing engagement in the act.
- Lack of consent from the victim.
Incapacity to consent is recognized in cases involving minors, individuals with mental disabilities, or those under the influence of substances. The use of force or coercion invalidates any claimed consent. Arizona law applies these standards uniformly, regardless of the relationship between the parties.
Is Sexual Assault the Same as Sexual Abuse?
Sexual assault and sexual abuse are distinct offenses under Arizona law. Sexual Assault (ARS 13-1406) involves knowingly engaging in sexual intercourse or oral sexual contact without consent, classified as a Class 2 felony with severe penalties.
Sexual Abuse (ARS 13-1404) includes intentionally or knowingly engaging in sexual contact without consent with anyone 15 or older, or involving the female breast of someone under 15. It’s a Class 5 felony, or Class 3 if the victim is under 15, and claiming consent isn’t a defense if the victim was 15-17 and the defendant was in a position of trust.
The key difference is the severity and nature of the acts, with sexual assault generally resulting in harsher penalties.
Penalties for a Sexual Assault Sentence
Sexual assault is classified as a Class 2 felony. The convicted individual is not eligible for suspension of sentence, probation, pardon, or release from confinement until the imposed sentence is fully served or commuted, except as specifically authorized by section 31-233, subsections A or B.
Standard Sentencing Terms:
- First Offense:
- Minimum: 5.25 years
- Presumptive: 7 years
- Maximum: 14 years
- With One Prior Felony Conviction:
- Minimum: 7 years
- Presumptive: 10.5 years
- Maximum: 21 years
- With Two or More Prior Felony Convictions:
- Minimum: 14 years
- Presumptive: 15.75 years
- Maximum: 28 years
Enhanced Sentencing: If the sexual assault involved administering flunitrazepam, gamma hydroxybutyrate, or ketamine hydrochloride without the victim’s knowledge, the sentence is increased by three years, in addition to any enhanced sentence that may apply.
Victim Under Fifteen: If the victim is under fifteen years of age, the offense is punishable under section 13-705, with potentially harsher penalties.
Consecutive Sentences: Sentences for sexual assault must be served consecutively to any other sexual assault sentences imposed at any time.
Life Imprisonment: If the sexual assault involved the intentional or knowing infliction of serious physical injury, the convicted person may be sentenced to life imprisonment. They are not eligible for suspension of sentence, probation, pardon, or release from confinement until at least twenty-five years have been served, except as specifically authorized by section 31-233, subsections A or B. If the offender was at least eighteen years old and the victim was twelve years or younger, the person shall be sentenced under section 13-705.
| Offense | Minimum Sentence | Presumptive Sentence | Maximum Sentence |
|---|---|---|---|
| First Offense | 5.25 years | 7 years | 14 years |
| With One Prior Felony Conviction | 7 years | 10.5 years | 21 years |
| With Two or More Prior Felony Convictions | 14 years | 15.75 years | 28 years |
What is the Statute of Limitations on Sexual Assault?
The statute of limitations for sexual assault in Arizona varies depending on the circumstances of the case.
For sexual assault involving an adult victim, there is generally no statute of limitations, meaning charges can be filed at any time.
However, if the victim was a minor at the time of the offense, the statute of limitations can differ. Typically, charges must be filed within seven years after the victim turns 18.
Are There Defenses to Sexual Assault?
Facing sexual assault charges can be daunting, but there are several defenses that can be employed to contest allegations.
Here are some common defenses:
⑴ Consent
One of the primary defenses in sexual assault cases is proving that the alleged victim consented to the sexual activity. Evidence such as communication records, witness testimonies, and other relevant information can help demonstrate that the encounter was consensual.
⑵ False Accusations
Sometimes, individuals may be falsely accused of sexual assault due to personal vendettas, misunderstandings, or ulterior motives. An attorney will investigate the accuser’s motives and highlight any inconsistencies in their statements.
⑶ Mistaken Identity
In some cases, the accused may not be the person who committed the assault. Establishing an alibi or presenting evidence that places the accused elsewhere at the time of the incident can be important in these situations.
⑷ Lack of Evidence
The prosecution must prove the defendant’s guilt beyond a reasonable doubt. If the evidence is weak, unreliable, or insufficient, the defense can argue that the prosecution has not met this high burden of proof.
⑸ Mental Incapacity or Impairment
If the accused was not in a mental state to understand the nature of their actions, such as due to intoxication or mental illness, this could serve as a defense. It must be shown that the accused could not form the requisite intent to commit sexual assault.
⑹ Violation of Constitutional Rights
Any evidence obtained through illegal means, such as unlawful searches or coerced confessions, can be challenged and potentially excluded from the trial. This can significantly weaken the prosecution’s case.
Contact a Defense Attorney From CHM
The attorneys at Colburn Hintze Maletta (CHM) specialize in defending against serious charges like those under ARS 13-1406. Our team provides personalized legal strategies, thoroughly investigates your case, and challenges the prosecution’s evidence to protect your rights and future. CHM is committed to achieving the best possible outcome for our clients.
Contact us today at (602) 825-2500 for a free initial consultation and start building a strong defense.
David Maletta is a widely respected criminal defense attorney with over 23 years of experience and has worked on over 1,000 cases and has successfully won over 100 jury trials. David graduated from Northern Arizona University, Magna Cum Laude in 1993 with a degree in Psychology. Shortly thereafter, he earned his Juris Doctor degree from Seton Hall University School of Law in 1998. He has extensive experience in criminal and DUI matters, homicide, sexually-based offenses, domestic violence, white-collar crimes, and various misdemeanor crimes.
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