Rape Law in Phoenix
Phoenix rape charges are aggressively prosecuted and can receive stiff sentencing. Billar & Donald, P.C. defends the rights of clients in rape charges and also sexual assault and abuse cases.
What is rape charge in Phoenix?
Phoenix rape charges cover various situations involving sexual intercourse, such as:
- With an individual under 18 years who cannot legally consent (hence statutory rape charges)
- With an individual incapable of giving consent based an incapacitated or unsound mental state
- Where the individual resists but is overcome by force or violence
- Where resistance is prevented by threats of serious bodily harm
- Where resistance is prevented by use of drugs
- Where the person is unconscious
- Where the person is tricked into believing sex is occurring with his or her spouse
Statutory rape in Phoenix—no consent for those under 18 years
Although a person under the age of 18 may be consensual about having sex, the individual’s age is under the legal age of consent. Phoenix statutory rape charges may be brought when an adult (a person 18 years and older) has sexual intercourse with a minor.
Phoenix spousal rape as serious as other rape charges
For decades spousal rape in Arizona was a class six felony with a maximum penalty of 18 months in prison. However, the Arizona legislature recently passed a law making spousal rape a class two felony with a maximum sentence of 14 years, the same classification and sentencing as other rapes.
Rape defense in Phoenix
Seeking an experienced attorney to protect your rights is vital for your future. A strong Phoenix rape defense can clear your name and prevent a felony conviction along with sex registration for life in the Megan’s Law database (required for all sex crime convictions). Because police tactics often involve interrogation of a rape suspect to force a confession, you want to involve your criminal defense lawyer in your case immediately. Statements you make can be twisted to appear incriminating. The interrogating officer may try to confuse you, using tactics to prove the prosecution's case.
Having an attorney present during interrogation and witness lineup identification can be crucial for your defense. If the rape victim is someone you know, interviewing other witnesses present at the time of the alleged rape may provide evidence the police do not uncover. If you do not know the victim, your lawyer can look for flaws in the authorities’ eyewitness identification procedures and find ways to help corroborate your alibi.
Sex Crimes
Get legal help with Phoenix rape laws
Contact Billar & Donald, P.C., or call 1-888-442-3236 today.