Facing ARS sex assault charges is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of Arizona sexual assault laws. It explains key terms and the sentencing guidelines for ARS sexual assault. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are charged with sexual assault in Arizona, consult with a qualified Arizona sexual assault defense lawyer as soon as possible.
What is ARS Sexual Assault?
ARS sexual assault is intentionally or knowingly engaging in sexual intercourse or oral sexual contact with another person without their consent. This definition is broad. It covers violent rapes and date rape, which refers to nonconsensual sex where the victim was intentionally drugged to impair their ability to consent.
Key Elements of ARS Sexual Assault:
- Intentional or Knowing Act:
- Intentional: “Intentionally” or “with intent to” means that it was your objective to cause a result or engage in a specific conduct. In other words, you meant to do it.
- Knowing: “Knowingly” means that you were aware of your actions or the circumstances that made up the offense. It doesn’t require that you knew your conduct was illegal; you just needed to be conscious of what you were doing or the situation you were in.
- Sexual Intercourse or Oral Sexual Contact:
- Sexual intercourse: penetration of the penis, vulva, or anus by any body part or object, or masturbatory contact with the penis or vulva.
- Oral sexual contact: oral contact with the penis, vulva, or anus.
- Without consent: the term “without consent” means the victim is coerced, mentally or physically unable to consent, or deceived about the nature of the act or the relationship. The prosecution must prove that you knew the victim had not consented to the sexual contact.
Sentencing for ARS Sexual Assault:
The penalties under the Arizona sexual assault laws are severe and vary based on the specific charge, your criminal history, and the circumstances of the crime. The following table summarizes the potential consequences for an adult convicted of each type of offense:
| Offense | Charge | Prison |
|---|---|---|
| Victim 15 years or older | Class 2 felony | 5.25 – 14 years |
| Victim 13 – 14 years old (DCAC) | Class 2 felony | 13 – 27 years |
| Victim 12 years old or younger (DCAC) | Class 2 felony | Life (no less than 35 years) |
| Sex assault with serious physical injury | Class 2 felony | Life (no less than 25 years) |
Aggravating Factors:
- Serious Physical Injury: The intentional or knowing infliction of serious physical injury during the sexual assault. A serious physical injury is any injury that poses a reasonable risk of death. It includes injuries that cause serious and permanent disfigurement, serious impairment of health, or result in the loss or long-term impairment of the function of any body organ or limb.
- Victim Under 15 (DCAC): If the victim is under 15 years old, the charge escalates to a Dangerous Crime Against Children (DCAC).
- Use of Date Rape Drugs: If date rape drugs (flunitrazepam, gamma hydroxy butyrate or ketamine hydrochloride) are used without the victim’s knowledge, the minimum, presumptive, and maximum prison sentences are increased by 3 years.
Arizona Sex Offender Registry:
Under ARS 13-3821, a conviction for sexual assault requires sex offender registration.
Frequently Asked Questions:
Key Takeaways:
- Definition and Scope:
- Definition: ARS sexual assault is intentionally or knowingly engaging in sexual intercourse or oral sexual contact with another person without their consent.
- Scope: Arizona sexual assault laws cover all types of nonconsensual sex, including violent rapes and date rapes, where the victim is drugged to impair their ability to consent.
- Elements of the Crime
- Intentional or Knowing Act: The sex assault must be committed intentionally or knowingly.
- Sexual Intercourse or Oral Sexual Contact: Penetration or oral contact with the penis, vulva, or anus.
- Without Consent: The term “without consent” means the victim was forced, unable to consent due to mental or physical issues, deceived about the nature of the act, or tricked into believing the person was their spouse.
- Sentencing:
- Victim 15 years or older: Class 2 felony, 5.25 – 14 years prison.
- Victim 13 – 14 years old (DCAC): Class 2 felony, 13 – 27 years prison.
- Victim 12 years old or younger (DCAC): Class 2 felony, Life in prison (no less than 35 years).
- Sex assault with serious physical injury: Class 2 felony, Life in prison (no less than 25 years).
Next Steps:
ARS sexual assault is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.
If you’re facing sexual assault Arizona charges, under ARS 13 1406, engaging a skilled Phoenix sexual assault defense lawyer is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced Phoenix sexual assault lawyer on your side right away.