Statutory Rape in Arizona

Statutory Rape/Sexual Conduct with a Minor

Statutory rape is any contact of a sexual nature with an individual who is under the age of consent in the state of Arizona and is considered a very severe charge. These charges often bring mandatory time in prison. Statutory rape is a felony and does not require the use of force, violence, or duress. Statutory rape is sexual relations with a person who is legally a minor, therefore under the age of consent. The age of consent refers to the age at which individuals are considered mature enough to make major choices about their lives—such as consenting to sex.

Each state sets its own age of consent, which makes it very confusing at times, although in most states, the age of consent is between 16 and 18. Some states also make the age of the alleged statutory rapist a mitigating factor. This is often known as Romeo and Juliet laws, making it legal for an adult to have sex with a consenting minor who is within one or two years of the “adult’s” age. The age of the minor can also be considered an aggravating factor, meaning there will be more serious consequences when the sexual contact is with a minor who is under the age of fifteen. In the wake of accusations of statutory rape charges 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.

Why You Should Choose the Ciccarelli Law Offices for Your Statutory Rape Charges

Charges of statutory rape in the state of Arizona are extremely serious, requiring a highly experienced, knowledgeable, compassionate criminal defense attorney from the Ciccarelli Law Offices. If you have been charged with statutory rape/sexual conduct with a minor, you may—understandably—be worried and stressed about your future. Perhaps the charges are unwarranted, or flat-out false. Or perhaps you did commit the crime but there are extenuating circumstances. With more than 100 years of combined legal experience, Ciccarelli Law Offices bring national criminal defense experience to the table to use on your behalf.

Ciccarelli Law Offices are wholly dedicated to representing you in the best way possible during this difficult time. We understand the situation you find yourself in can seem untenable and even unwinnable. Remember, we are always driven to serve, treating our clients with respect and honesty. We have proven results because our goal is to secure the best possible outcome. We have successfully represented more than 15,000 clients and will be the legal team that always has your back. Attorney Lee Ciccarelli has received the following accolades:

Super Lawyer
Top 100 Trial Lawyer by the National Trial Lawyers Association
Ten Best Client Satisfaction Award by the American Institute of DUI/DWI Attorneys
A 10.0 rating by AVVO
One of the Top 100 Litigation Attorneys by the American Society of Legal Advocates

At the Ciccarelli Law Offices, we understand you have choices, and we hope you will choose the Ciccarelli Law Offices for your Stalking defense. We are proven, aggressive, and compassionate.

Statutory Rape/Sexual Conduct with a Minor Charges in the State of Arizona

Under A.R.S. 13-1405, statutory rape is knowingly engaging in sexual intercourse or oral sexual conduct with a person under the age of 18. Eighteen is the Arizona age of consent. This means that a person under the age of 18 is unable to consent (legally speaking) to any type of sexual conduct with an adult.

There are, however, some special rules for minors who are between the ages of 15 and 19. These rules are known as Romeo and Juliet laws which allow consensual sex between two young partners who are between the ages of 15 and 19. There must not be more than two years between the ages of the young people and if the minor is younger than 15, these laws do not apply

What are the Penalties for Statutory Rape?

The penalties you could face for a conviction of statutory rape in the state of Arizona will depend on your age, as well as the age of the person you are alleged to have had sexual contact with. The facts and circumstances of the case can alter your sentence considerably. In addition to a prison sentence, you could also be required to be placed on the sexual offender registry, potentially for life.

If you are 18 years old or older and the minor is 12 years old or younger, a conviction for this Class 2 felony could result in up to 35 years in prison.
If you are 18 years old or older and the minor is between the ages of 13 and 15, you will also be looking at a Class 2 felony charge that could result in a prison sentence between 13 and 27 years.
If you are 18 years old or older and the minor is at least 15 years old, if convicted of this Class 5 felony, you are looking at a sentencing range from only probation up to two years in prison.
If you are younger than 18 and the minor is 12 years old or younger, if convicted of this Class 2 felony you could face a wide range of sentencing—from probation only, to 12 months in jail, or up to 12.5 years in state prison.
If you are younger than 18 and the minor is between 12 and 15 years old, the Class 2 felony sentence could range from probation, up to 12.5 years in prison.
If you are younger than 18 and the minor is between 15 and 17 years old, you still face a Class 2 felony, however, barring any extenuating circumstances, you are unlikely to face criminal penalties.

Remember, these are all starting points for sentencing. If there are aggravating factors to your statutory rape charges, the penalties become harsher. If, for instance, you are in a “position of trust,” then the prosecution is not required to prove the sex was without consent. A person in a position of trust includes parents, stepparents, foster parents, legal guardians, teachers, instructors, coaches, clergymen, priests, and the significant other of a parent. If you have a prior felony conviction, then your statutory rape sentence can increase significantly.

What are the Potential Defenses to Statutory Rape?

While the exact defense used by your attorney will depend on the facts and circumstances surrounding your charges, there are some defenses that are more commonly used for these charges.

If your alleged victim is 15-17 years old, you may be able to show you could not have reasonably known their age. If the alleged victim is 15-17 years old and you are under 19, attend high school, or are no more than 24 months older than the alleged victim, you may be able to claim consensual conduct.

There may have been flaws or mistakes in your investigation. Perhaps you were denied the right to an attorney, or the police conducted an illegal search and seizure. There may have been forensic mistakes made, such as a flawed DNA test. The allegations by the minor could have been coerced following an intense interrogation, or the allegations may have been false from the start.

Are You Facing Charges of Statutory Rape? We Can Help!

If you are facing charges of statutory rape, your life and your future hangs in the balance. Statutory rape is a serious offense and one that should not be taken lightly. At Ciccarelli Law Offices, our Arizona Criminal Defense lawyers have the experience and resources you need to fight these charges.

Call an Arizona Statutory 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.