Teenagers often believe that they are adults (and act like it!). Yet teens are still children, without fully formed frontal lobes to aid them in decision-making. For this reason, a teenager in Arizona cannot legally consent to sexual activity until they are 18 years old.
Under these laws, anyone who has sex with a person who is 17 years old or younger could potentially be charged with statutory rape. Typically charged as a felony, statutory rape carries the potential for serious jail time and lifetime sex offender registration if convicted. Our Arizona criminal defense attorneys can put together a strong defense to the charges against you, including introducing evidence to prove a Romeo and Juliet exception to the law.
Matthew Lopez Law is dedicated to representing clients who have been charged with all types of crimes, including sexual assault and statutory rape. We offer free initial consultations so that you can get help and advice on your options when you need it most. Contact our law firm today to talk to a Maricopa County sexual assault attorney about your case.
What Is the Age of Consent in Arizona?
In Arizona, anyone under the age of 18 cannot legally consent to sexual activity. This is known as the age of consent. Under Arizona law, a person can be charged with a crime for engaging in sexual activity with anyone 17 years of age or younger, even if that person agreed to or initiated the activity.
The purpose of this age of consent law is to protect minors from sexual conduct when they are not mature enough to understand the consequences. The goal is to not only reduce unwanted teen pregnancies and sexually transmitted infections (STIs), but also to deter adults from preying on teens and kids. A violation of this rule can lead to a statutory rape charge.
There is an exception to the age of consent law. Known as a “Romeo and Juliet” law, this exception is for situations where two teenagers who are relatively close in age engage in sexual activity. Even though one party may not be technically old enough to consent to sex, this law recognizes that there are situations where a teenager should not be charged with a crime for engaging in consensual sexual activity with another teen.
The Romeo and Juliet exception is an affirmative defense. This means that the defendant in a statutory rape case has to raise it and prove that the sex was consensual. To do so, the defendant will have to demonstrate the following with the help of a Maricopa County sexual assault defense lawyer:
- The victim was between 15 and 17 years of age;
- The defendant is under the age of 19 or attending high school;
- The defendant is no more than 2 years older than the victim; and
- The sexual conduct was consensual.
For example, consider a situation where an 18-year-old senior is dating a 16-year-old junior. The 16-year-old’s parents learn that the teens are having sex and file a complaint with the local police. If the 18-year-old is charged with statutory rape, he may be able to take advantage of the Romeo and Juliet exception to get the charge dropped or get a not guilty verdict at trial.
The situation would be different, however, if the 18-year-old was charged with having sex with a 14 or 15-year-old freshman student. Because the age difference is more than 2 years, the exception does not apply. Similarly, if the younger teen did not consent, the older teen could still be charged with sexual assault.
Elements of a Statutory Rape Charge in Arizona
In Arizona, a person who violates the age of consent law may be charged with sexual conduct with a minor (statutory rape). It involves knowingly or intentionally having sexual intercourse or oral sexual contact with someone who is under the age of 18.
For purposes of this law, sexual intercourse means any penetration into the penis, vulva, or anus by any body part or object. It also includes any sexual contact with the penis or vulva. Oral sexual contact means any contact between the mouth and the penis, vulva, or anus.
Statutory rape is a sex crime that is most often charged as a felony offense. If the victim was aged 14 or younger, it is a Class 2 felony and a dangerous crime against a child. If the victim was between the ages of 15 and 17, then it would be charged as a Class 6 felony.
The punishment for statutory rape will depend on how it is charged. As a Class 2 felony with no prior convictions, it is punishable by a minimum of 13 years and a maximum of 27 years in state prison, with a presumptive sentence of 20 years. If the defendant has a predicate offense (a prior conviction for a sexual offense, a dangerous crime against children, a dangerous offense, or child abuse), then the sentencing range increases to 23 to 37 years.
The sentence for a Class 6 felony will depend on whether the defendant has any prior felony convictions. If the crime was not a dangerous offense, then the sentencing range is 6 months to 18 months for a first offense. This increases to 3 years to 4.5 years for a person with 2 or more prior felony convictions.
Importantly, if the defendant was in a position of trust (such as a teacher or a coach), then the offense will be charged as a Class 2 felony (although it is not considered a dangerous crime against children). The sentencing range is anywhere from 3 years to 35 years, depending on the facts of the case and any prior criminal convictions.
Anyone convicted of statutory rape will also have to register as a sex offender. Mandatory sex offender registration can be a tremendous burden, affecting where you can live, your job opportunities, and your reputation. This can make it incredibly difficult to move forward with your life after serving your time and paying your debt to society.
There are potential defenses to statutory rape charges beyond the Romeo and Juliet exception. Our skilled Arizona sex crime defense attorneys may be able to introduce evidence of a different affirmative defense, such as:
- The conduct was done in furtherance of lawful medical practice;
- You did not know, and could not have reasonably known, the true age of the victim;
- The contact occurred when you were rendering emergency care; or
- You were married to the victim at the time of the alleged offense.
If you have been charged with statutory rape or a related charge, you do not simply have to plead guilty and accept the legal consequences. Our law firm can help you put together strong legal and factual defenses to the charges against you. We will work hard to protect your rights and your freedom.
Proactive Legal Representation for Sex Crime Charges
Arizona takes its duty to protect children from sexual abuse seriously. This includes charging adults with statutory rape for engaging in sexual conduct with minors, even if the teen initiated the sex. Our law firm will fight to help you get the best possible outcome for statutory rape or related sex crime charges in Arizona.
At Matthew Lopez Law, we offer top-notch legal representation to clients throughout Maricopa County who have been charged with all types of crimes, including sexual assault. We take our responsibility to our clients, working tirelessly to help them get a good resolution to the charges against them. To learn more or to schedule an appointment with an Arizona sex crimes attorney, give us a call at 480-608-9998 or fill out our online contact form.
Related:
What Happens If Sexual Assault Charges Are Dropped Before Court?
What to Do If You’re Falsely Accused of a Sex Crime in Arizona