1839 S. Alma School Road
Suite 264
Mesa, Arizona 85210
(480) 374-8747
(602) 357-8606 (espanol)
177 N. Church Ave
Suite 312
Tucson, AZ 85701
(520) 468-6668
(602) 357-8606(espanol)

Sex Battery Defense in Arizona

If you have been charged with sexual battery, this is a very serious criminal matter. It is considered a federal offense and a felony. In Arizona, sexual abuse is defined as “knowingly engaging in sexual contact with any person who is fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast.” Sexual assault in Arizona is “intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.” All convictions for a sexual battery crime call for a sentence in prison.

For a sexual abuse conviction, you will likely serve time in prison, spend a lifetime on probation, and be required to register as a sex offender in Arizona and throughout the United States. If you are convicted of sexual assault, this carries a minimum prison sentence of 5.25 years with a maximum prison sentence of 14 years. You will also have to register as a sex offender.

If you are being accused of sexual battery, you need the best possible legal representation. You should understand the current state of the laws on sex crimes and what the possible outcomes are for your specific case. It is imperative to obtain an experienced and honest evaluation of your situation. You should look for an Arizona criminal defense attorney who has the experience needed to provide you with a skilled, aggressive defense against sexual battery charges.

The Main Defense Strategies for Sexual Battery Crimes in Arizona

Generally, there are two possible defenses for a sexual battery accusation in the state of Arizona, which are consent and false allegations.

Proving Consent

If you want to prove consent, you must show that you received consent for the sex act intelligently, knowingly, and voluntarily. Just because the accuser did not offer physical resistance, it does not mean he or she consented. However, that fact can be taken into consideration by the jury when they are determining whether it was a consensual or coerced act.

When the defendant used force, threats, or intimidation in order to compel the sexual act, this is considered coerced submission, which means that if the accuser says that they feared for their physical safety, life, or the life and safety of someone else, they can allege that they didn’t give consent according to the law because they felt they had no other choice but to submit.

False Allegations

False allegations can occur for a number of reasons. For example, if someone is afraid of being caught for having an affair, is jealous, has a mental illness, or is influenced to make the claim by someone else, they may falsely accuse someone of rape. If this is the situation you face, talk to your Arizona criminal lawyer about the ways he or she will investigate the accuser to uncover potential motives for making false allegations of sexual battery or rape. In court, this information will be crucial for helping you to beat the charges.

Registration as a Sexual Offender in Arizona

If you have been convicted of sexual battery charges, even if the crime occurred outside the state, then you will be mandated to register as a sex offender in Arizona. Sex offenders must comply with many required restrictions, such as staying a certain distance from public areas where children are present and restrictions on the types of jobs you can hold. Additionally, you must inform neighbors and employers of your sex offender status, which can make it difficult to obtain a job, rent an apartment, and even to make friends. Also, you will be disqualified from receiving some types of government benefits and assistance programs. As a convicted felon, you will lose additional civil rights, such as the right to vote or hold public office.

Being convicted of sexual battery charges will affect the rest of your life, so it’s important to hire a qualified Arizona criminal lawyer to ensure that you get the best defense possible. Before you go to court, you should understand your rights and have a strategy for your defense. With so much at stake, you deserve a knowledgeable and experienced Arizona sex crimes lawyer.