How Arizona’s Romeo & Juliet Law Can Impact Sex Crime Charges

Arizona law is strict when it comes to sexual conduct with a minor. But what if you are 24 months older than  your partner? Can you still be charged with Statutory rape?

The Romeo and Juliet Law is part of Arizona’s rape laws and it is a defense that can be raised if you are being accused of Sexual Conduct with a Minor. This is because in the case of statutory rape the element of force is eliminated and replaced with a question of age.

This can be a very frustrating and confusing situation that may affect you or your children who  may still be in high school and under your supervision, but in the eyes of the law they are adults due to their biological age.

How is Statutory Rape diffrent than Rape in Arizona?

First we need to address the confusion surrounding that word “rape”. When people hear “rape” they immediately associate it with an act of violence and force. In Arizona “rape” does not require a forcible assault where an individual is physical restrained and forced to engage in a sexual act.

Legally, rape can occur when consent is not given or later withdrawn by either party. To complicate this further, consent can only be given by a person who has reached the age of majority and Arizona’s age of consent laws are applied. Here, even if both parties willingly engaged in the activity, if one party is under the age of 18, then that party could not have consented and by legal definition “rape” has occurred. In Arizona the law explicitly states that a minor cannot consent to sexual relations, no exceptions. 

In recognition of this, Arizona has carved out “Statutory Rape” to deal with situations involving non-violent, non-forcible sexual encounters. “Statutory” implies that the  sexual encounter is illegal not due to force, but rather an age difference. The law recognizes the proximity in age and it recognizes that had both parties been 18 then there would have been no basis for a crime.

Arizona Statutory Rape Law, ARS 14-1405

While Statutory Rape eliminates the element of force it still falls under ARS 14-1405 which encompass  Sexual Abuse and Sexual Molestation. The State of Arizona has divided this into various categories based on age and the type of sexual activity that is alleged.

1. Sexual Abuse: Under ARS  13-1401, a person commits sex abuse if they engage in sexual contact with any person who is 15 years or older without consent. Remember anyone under 18 cannot consent. Additionaly a person commits sex abuse if the contact with the  person who is under 15 involves only the touching of the female breast.
2. Sexual Conduct with a Minor, ARS 13-1405, a person commits sexual conduct with a minor by engaging in sexual intercourse with any person who is under the age of 18 years old. This also includes oral sexual contact between any minor who is 15 -17 and a defendant who is at least two years older than the minor.
3. Molestation of a Child, ARS 13-1410, a person commits molestation of child by engaging in sexual contact with a person who is under 15-years-of age. The only exception here is if the conduct involved was limited to the touching of a female breast.

What am I facing if I am convicted of Statutory Rape?

Many clients’ parents and clients often ask our office what could happen if they are convicted by the State of Arizona. Because Stutory Rape and associated offenses are categorized as felony  offenses a Defendant can be looking at very serious consequences including prison.

In Arizona a felony conviction can carry prison time, fines, probation and sex offender registry. Because these crimes are Sex Crimes the State of Arizona can impose Life-time Sex Offender Probation on top of Life-time Sex Offender Registry. In general the younger the victim is the harsher the sentence.

In addition to the age of the victim, the state will consider whether the defendant has a history of prior offenses. Here, because they are Sex Crimes the state often looks for prior Sex Offenses and violent offenses when considering aggravating the defendant’s sentence. The State will also consider whether the Defendant was in a position power (ie. teacher, coach, clergymen) when seeking to aggravate the punishment. 

While the sentencing range can vary depending on several factors, if you are convicted of sexual conduct with a minor you can be facing a flat sentence in the Arizona Department of Corrections running from 13 years to a life sentence.

Are there Defenses to Statutory Rape?

By this time you may be asking yourself if there are any defenses to these accusations/charges. While these cases can seem hopeless an experienced Phoenix Sex Crimes Attorney can raise various defenses. In order to do so, the attorney must get a full understanding of the case and state’s evidence.

The most common defenses an attorney will raise are:

• Mistake and lack of knowledge: If a minor is 15 and over the Defense can argue mistake. Specifically in cases where the minor misrepresented their age causing the defendants to believe that the minor was not a minor. In today’s digital dating world minors often create profiles on Adult only sites where they misrepresent their age. Here an attorney can argue that the defendant reasonably believed that the minor was not a minor. While this may not lead to an automatic dismissal it is a viable defense.
• Romeo and Juliet Defense: This defense is intended to protect young adults who are within 24 months of their partner to avoid more serious life changing consequences. While a minor can never legally consent it allows the State to consider proximity in age and the lack of a forcible sexual encounter. 
• Phoenix Sex Crimes are experienced Attorneys who specialize in Arizona Sex Crimes. If you or a loved one find yourself in this situation and you are facing serious accusations, you need to consult with a Sex Crimes attorney. At VS Criminal Defense, our Arizona sex crimes lawyers have an in-depth understanding of Arizona sex crimes  and are dedicated to pursuing justice in your case.

Contact us today for a confidential no-obligation consultation and have peace of mind knowing that your innocence can prevail.