Statutory Rape Lawyer in Phoenix

Arrested for Sex with a Minor in Arizona?

In the state of Arizona, it is illegal for anyone over the age of 18 to engage in a sexual act with someone under the age of 15. This is because, under the law, the premise is the assumption that a minor could not consent to the sexual acts. This offense is prosecuted as statutory rape and the charges are very serious.

At MayesTelles PLLC, we understand the concerns you may have if you have been accused of any kind of crime involving the term “rape.” Statutory rape doesn’t necessarily mean forcible rape, but rather shows that the minor in the situation was incapable of consenting to the act under the legal statute.

Our Phoenix statutory rape attorneys can help you fully understand what the charge is and how it is handled in court. This is a severe matter and you should hire a dedicated advocate to defend your rights.

Call (602) 428-7104 or contact us online today for your free initial consultation.

Age of Consent Laws in Arizona

The age of consent in Arizona is 18 years old. This means that individuals under the age of 18 are legally considered minors and are not able to give consent for sexual activity. Engaging in sexual activity with a minor under the age of 18 can lead to serious legal consequences, including charges of statutory rape or sexual conduct with a minor.

However, Arizona has a "Romeo and Juliet" law that allows for close-in-age exemptions. This means that if the individuals involved in sexual activity are within a certain age range of each other, they may not face statutory rape charges. 

The state’s Romeo and Juliet law protects defendants when, at the time of the alleged offense:

• The victim was between 15 and 17 years old
• The defendant was 19 years old or a current high school student
• The defendant is no more than two years older than the victim
• The sexual activity was consensual

In some cases, marriage can affect the age of consent laws. Arizona law allows minors who are 16 or 17 years old to marry with parental consent. Once married, the age of consent for the couple would be 16 years old, as long as they are legally married.

Penalties for Statutory Rape in Arizona

The penalties you face for a statutory rape conviction will vary depending on the act, any existing prior convictions, and the exact age of the minor involved in the case.

If you are convicted of a statutory rape charge for engaging in a sexual act with someone under 15 years of age, your sentence could be up to 5 years in prison. Sexual acts with a child under the age of 12 may warrant a much longer sentence upwards of 35 years. For ages 12, 13, and 14, a prison sentence could reach up to 20 years. Registration as a sex offender may also be required as part of the sentence.

These penalties are available for numerous statutory rape crimes, such as:

• Molestation of a child – Sexual contact without penetration with a minor under the age of 15
• Sexual contact with a minor – A sexual act between a minor under the age of 15 and a defendant of any age (also includes minors under 18 and a defendant over 19 years of age)
• Sexual abuse – Sexual contact with a minor (over the age of 15) without consent

Legal Defenses Against Statutory Rape Charges

There are several common legal defenses that can be used against statutory rape charges. Here are some common defenses:

• Mistaken Age: If the defendant reasonably believed that the minor was of legal age to consent to sexual activity, they may argue mistaken age as a defense. However, this defense typically requires that the defendant took reasonable steps to ascertain the minor's age.
• Close-in-Age Exemption: As mentioned earlier, Arizona has a "Romeo and Juliet" law that provides close-in-age exemptions. If the individuals involved in the sexual activity are within a certain age range of each other, they may not be subject to statutory rape charges. This defense is applicable if both parties are close in age and consented to the sexual activity.
• Marriage: In some cases, if the defendant is married to the minor, they may use the defense of marriage. Arizona law allows minors who are 16 or 17 years old to marry with parental consent. If the minor and the defendant are legally married, the age of consent for the couple would be 16 years old.
• Consent: Although consent is generally not a defense to statutory rape charges because minors are considered legally incapable of providing consent, there can be exceptions. For instance, if the minor misrepresented their age or initiated the sexual activity, the defendant may argue that they reasonably believed the minor was of legal age and consented to the activity.
• No Sexual Contact: If there was no actual sexual contact between the defendant and the minor, the defense may argue that no statutory rape occurred. This defense can be effective if there is insufficient evidence to prove that sexual activity took place.
• Lack of Evidence: The defense may also challenge the prosecution's evidence, such as the credibility of witnesses or the accuracy of forensic evidence, to create reasonable doubt about the defendant's guilt.

Why Choose MayesTelles PLLC?

This is a time when you cannot afford to retain inexperienced representation. There is so much on the line and making sure your rights are safeguarded is important.

At MayesTelles PLLC, we bring nearly 200 years of experience to the table. We also have former prosecutors on staff, so we know how these types of cases are tried and what the opposition looks for to prove the defendant’s guilt. You can trust that our Phoenix statutory rape lawyers are prepared to represent you in negotiations and trial with the aim of helping you receive the most favorable outcome possible.

Call MayesTelles today at (602) 428-7104 for help.