Anyone charged with a sex crime faces an incredible challenge to clear their name and minimize the impact on their life. As an experienced Tucson sexual assault defense lawyer, our legal team at Suzuki Law Offices recommends protecting yourself with the legal representation you select.
With over 20 years of experience to draw from, you can expect us to offer the legal defense strategies that make a difference in your case. Our Tucson sex crimes lawyer can answer all of your questions so you have a clear understanding of what you are facing.
How to Defend Against Sexual Assault Charges in Tucson
Those who are facing sexual assault charges find themselves overwhelmed quickly by the pressure to admit fault and the reputational damage that happens long before they are actually convicted. For this reason, working with an experienced sexual assault defense attorney in Tucson could be a critical factor in your case. Some of the defense strategies we may apply include:
- Illegal confrontation calls: These are situations in which a person makes a confrontation call, in which the caller is working as an agent of the state to trick the defendant into confessing.
- Coerced confessions: Any confession provided under coercion, such as after intense interrogation, can lead to a false statement of guilt.
- Lack of evidence: If there is no specific physical evidence that the event took place, the only evidence could be a statement made by the victim, which could be inaccurate.
- False allegations: Proving false allegations through photos, video, or text messages can help strengthen your case and outcome.
- Witness credibility: In some situations, there are opportunities to prove that the witness is not to be trusted.
Other defense strategies exist, including proving your rights were not protected or that the evidence used against you was illegally obtained. Defense is critical but challenging. Do not go to court without a Tucson criminal defense lawyer to help you navigate this process.
Understanding Arizona’s Sexual Assault Laws
Under A.R.S. 13-1406, sexual assault charges are applicable when someone engages in sexual intercourse or oral sexual contact with any other person, no matter their age, without consent. The law labels sexual assault as a class 2 felony, punishable with substantial jail time. Also, note that sexual assault of a person under the age of 15 results in an aggravated charge under the sentencing criteria for dangerous crimes against children.
The key to this particular sex crime charge is the lack of consent that the other party must provide. You intentionally and knowingly engaged in sexual intercourse or oral sex without the other person’s permission. There are several details about consent to consider:
- The victim was coerced, which could include any type of threat or use of force
- The victim was incapable of providing consent, which includes a person who is under the age of consent, has a mental defense or mental disorder, is under the influence of drugs or alcohol, was sleeping, or some other type of impairment of cognitive function occurred
- The victim was deceived into believing you were their spouse
- The victim suffered intentional deception as to the nature of what was happening
Understanding Who Cannot Provide Consent
One of the components of this law is demonstrating that the other party did not provide consent or that they could not consent. This can be a key component of defense in some cases, especially if you did not know a concern existed. Your attorney will discuss with you how factors such as the following may apply in your case:
- Mental defect: A mental defect means the person is not able to understand what is happening or the nature of the act, and as such, cannot exercise their right to refuse to engage in these activities
- Arizona’s age of consent: Under the law, the age of consent is 18 years old. In situations where a person is not 18, they cannot legally provide consent to engage in sexual contact with an adult. In some cases, this could apply to engaging in sexual actions with other juveniles as well.
- Romeo and Juliet Law: There are special rules for minors who are between the ages of 15 and 19, which allow for consensual sexual relations between two people who fall within that age range. However, they cannot be more than 2 years apart in age.
If you believe the other party was, in fact, lying about any of these factors, that may be a component of your defense. However, these are incredibly challenging processes that require careful planning and proof. With the guidance of a sexual assault defense lawyer in Tucson at Suzuki Law Offices, you will have a better chance of finding evidence to support your claims.
The Legal Consequences for Sexual Assault in Tucson
Several factors play a role in the consequences you may experience, including factors related to age. Any assault of a person under the age of 15 faces the elevated charge of a dangerous crime against children. If the victim is under 15, sentencing ranges from 13 to 27 years in prison, but if that person is under the age of 12, this increases to life without release until at least 35 years are served.
In situations where the victim is 15 years of age or older, a minimum prison term of 5.25 years applies. However, this increases to a maximum of 14 years in prison in some cases.
Also notable, in situations where the sexual assault accusations are against a person who is under the age of 18, the case is referred to the juvenile crime division. That may still lead to consequences that include jail time. This is dependent on the specific details of the case and your conviction, and our Tucson violent crimes lawyer can be of assistance.
A Tucson Sexual Assault Defense Attorney is the Advocate You Need
When you are facing charges of any type in relation to sex crimes, put the former federal prosecutors on your case at Suzuki Law Offices. Hire a Tucson sexual assault defense lawyer with a proven track record to help you build a strong case.
Expect our team to offer you the transparency and legal options you need during our free consultation.
Call or text (602) 682-5270 or complete a Free Case Evaluation form