Sexual Assault – Rape – A.R.S. § 13-1406

Rape in Arizona is prosecuted under our Sexual Assault statute pursuant to Arizona Revised Statutes (A.R.S.) § 13-1406.  Sexual Assault charges are some of the most serious criminal charges in Arizona’s criminal code.

To prove that you committed Sexual Assault for a violation of A.R.S. § 13-1406 the State will need to prove that you intentionally or knowingly engaged in sexual intercourse or oral sexual contact with any person without their consent.

Sexual intercourse and oral sexual contact are both further defined.

Sexual intercourse is defined by A.R.S. § 13-1401(4) as penetration into the penis, vulva, or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.

Oral sexual contact is defined by A.R.S. § 13-1401(1) as oral contact with the penis, vulva, or anus.

Punishment for Sexual Assault

As with most sex offenses in Arizona, the punishment for Sexual Assault for rapes in Arizona varies by the age of the alleged victim.  Regardless of the age of the victim, Sexual Assault is always a Class 2 Felony.

If the victim is 15 years or older, then a conviction for Sexual Assault requires a mandatory prison sentence of 5.25 to 14 years in prison.  This is a flat sentence, meaning you serve every day of the sentence without the possibility of release.  Sex offender registration is mandatory.

If the victim is between 13 and 14 years of age, then a conviction for Sexual Assault for a violation of A.R.S. § 13-1406 requires a prison sentence of 13-27 flat calendar years.  Again, sex offender registration is required.

If the victim is 12 years old or younger then a conviction carries a life sentence with mandatory sex offender registration and no possibility of release until 35 years have passed.

Probation is not available for any conviction for Sexual Assault for a violation of A.R.S. § 13-1406.

What Can Be Done and What Defenses Are Available

The first step if you are accused of committing Sexual Assault is to stop talking to anyone other than an attorney.  Do not speak to friends, family, and especially law enforcement about the allegations.  Only an attorney is bound by rules of confidentiality.

An experienced and aggressive sexual assault attorney will begin working to attack the State’s narrative of events.  This can be done in a variety of ways, including:

  • An independent investigation to identify bias in the victim and other witnesses
  • Identifying why a false report of sexual assault might have occurred
  • Identifying potential constitutional violations in the investigation, for example of your Miranda rights, your 4th Amendment rights, or your right to counsel.

An experienced attorney may also use tools to mitigate the damage, such as risk assessments, mitigation specialists, and independent experts.

An allegation of Sexual Assault can destroy you life.  A conviction can literally end it.  Don’t face these serious charges.  A Board Certified Criminal Law Specialist, certified by the State Bar of Arizona Board of Legal Specialization, like Omer Gurion, can help.  Contact us for a consultation so we can determine the best defense for your case.

“The goal of our Phoenix-based law firm is to defend the best interests of our clients and protect their constitutional right to justice.”