Rape/ Sexual Assault

Both rape and sexual assault are crimes of violence rather than sex; these crimes use sex as a weapon to overpower and degrade the other person. Sexual assault across the United States can include rape or attempted rape, as well as:

• Physical force, pressure, intimidation, or coercion
• Using force to make another person watch pornography against his or her will
• Using force to touch another person against his or her will
• Preventing another person from using protection such as a condom during sexual activities
• Using threats to force another person into sexual activity
• Forcing another person to drink or do drugs with the goal of having sex with them
• Making a threat of violence, particularly if there has been violence in the past
• Refusing to stop sexual activity when the other person clearly says “no” 

(Rape and sexual assault are more specific under Arizona laws). Rape is a specific type of sexual assault, involving the forced penetration of the mouth, anus, or vagina by an object, finger, or penis. Most states define rape as sexual penetration that is non-consensual. A rapist can be a spouse, a family member, a date, someone the victim knows, or a complete stranger. In the wake of accusations of rape charges in facing accusations in the greater Phoenix metro area, Maricopa County including but not limited to Chandler, Tempe, Scottsdale or Gilbert, you need to contact an attorney immediately.

According to Safe Horizon, most of those who have experienced sexual violence report the offender as someone they know. As many as 25.5 million women and 7.9 million men experience sexual violence during their lifetime. The Bureau of Justice believes that only a third of all rape and sexual assaults are reported to the police. Although false allegations of rape and sexual assault do occur, most law enforcement places the number at no more than 5 percent of the total allegations of these crimes. 

Why Should You Choose the Legal Team at Ciccarelli Law Offices for Your Rape/Sexual Assault Charges?

Ciccarelli Law Offices bring big-city criminal defense experience to you, serving your needs in every way possible. We are dedicated to fighting for your rights and your future. Our Arizona criminal defense attorneys understand that your liberty is on the line due to these criminal allegations of rape/sexual assault. We believe we can make a difference in your life regardless of who you are, where you are from, or how much money you have. We know that choosing an attorney is rarely an easy decision. Our criminal defense law firm wants to ensure you have a highly skilled attorney in your corner who supports you fully, is never judgmental, and who has knowledge and experience relevant to your charges. 

The Ciccarelli legal team has a depth of experience rarely seen among legal firms. We know what to do, how to do it, and will get it done quickly and efficiently. The legal team at Ciccarelli Law Offices will work hard to have your criminal charges significantly reduced or dismissed when possible. Attorney Lee Ciccarelli is an experienced defender in state and federal courts of those accused of a sex crime, leading a team with more than 100 years of combined national criminal defense.  

Lee has been recognized by Super Lawyers, and the Ciccarelli legal team has received hundreds of five-star reviews. We fully understand the trauma of being charged and prosecuted for prostitution. Not only are you facing serious criminal penalties, but you are also looking at a sullied reputation, perhaps even the loss of your job. We will do our best to minimize the damage to your future. 

What is Rape/Sexual Assault in Arizona? 

Under A.R.S. 13-1406, while sexual assault does include rape, it is not always forcible rape. Rape can occur when an individual prevents another individual from resisting sex by giving them alcohol or drugs. Rape can include oral sex as well as sexual intercourse. The statute requires that to prove sexual assault or rape, you must have knowingly engaged in sexual intercourse or oral sexual contact without the consent of the other person. 

“Without consent” can mean the alleged victim was coerced through threats or intimidation, or that the victim is incapable of consent by reason of alcohol, drugs, mental defect or disorder, or any similar impairment of cognition, and that the condition should have reasonably been known to you. “Without consent” can also mean the alleged victim was intentionally deceived as to the nature of the act. 

What are the Penalties in Arizona for Rape/Sexual Assault?

Under Arizona law, sexual assault is a Class 2 felony. The sentence for a conviction of rape/sexual assault will depend both on the facts of the case, and the age of the victim. If the victim is at least 15 years old, a conviction for rape/sexual assault can result in a minimum of 5.25 years in prison or up to 14 years in prison. If the victim is between the ages of 12 and 14, the sentence includes a minimum of 13 years in prison, up to a maximum of 27 years in prison. If the victim is younger than 12, the sentence for a conviction could be life in prison. 

What are the Potential Defenses to Rape/Sexual Assault? 

Although the defense used in your case will depend on the specifics of your case and the circumstances of the charges, defenses commonly used in rape/sexual assault include:

• The alleged victim consented to the sexual activity. Consent is one of the most common defenses to allegations of sexual assault or rape. Consent is generally only a valid defense if you and the alleged victim knew one another prior to the conduct in question. The alleged victim must be over the age of consent in order to legally give consent, and must be physically and mentally able to consent to sex. 
• You are actually innocent. Perhaps you have an alibi for the behavior in question, or the alleged victim has mistakenly identified you. Mistaken identity is not uncommon, and many people pick a person out of a lineup based on subtle coercion by the police. 
• The physical evidence against you was obtained as a result of an illegal search and seizure, or else the proper chain of custody was not followed. 
• You were not read your Miranda rights, or you were denied the right to an attorney. 
• Your “confession” was forced or coerced. 
• The alleged victim has a motive for making a false accusation against you. 

How an Experienced Criminal Defense Attorney from Ciccarelli Law Offices Can Help

Facing charges of rape or sexual assault can be terrifying. You stand to lose your job, your relationships, and even your freedom if you are convicted. At Ciccarelli Law Offices, our Arizona Criminal Defense lawyers have the experience and resources you need to fight these serious allegations and charges. We can work quickly to build a solid defense against charges of rape or sexual assault.

Call a Phoenix Rape Attorney Today

If you or somebody you love is facing accusations or charges of Sex Crimes in the greater Phoenix metro area, Maricopa County including but not limited to Chandler, Tempe, Scottsdale or Gilbert, you need to contact an attorney immediately. Not any attorney will do, and you likely need a team of Smart, Experienced, Aggressive, determined lawyers that fight back at sex crimes and discuss you or your loved one’s possible defenses and strategies.   Call now. Now is the time for action and the time for Lee Ciccarelli and his team.