Is It Still Considered Statutory Rape if the Minor Lied About Their Age?

In some circumstances peopled charged with statutory rape are surprised about their alleged crime because they honestly believed the individual with whom they were sexually engaged was over the age of consent. These scenarios may arise if the minor they became involved with lied about their age.

Being charged with a sex crime is a life-altering event that can have drastically negative consequences on the rest of your life.

Although dishonesty of the alleged victim isn't a defense in some states, it may be in some circumstances in Arizona. The specifics of your case will determine the types of defense strategies available to you, but there are scenarios in which proving you were misled may aid in your defense.

If you’ve been charged with a statutory rape crime in Arizona, it may be in your best interest to hire a defense attorney who has extensive experience in sex crimes.

What Is Statutory Rape?

Contrary to popular belief, not all rape cases are about non-consensual intercourse. In fact, a sexual relationship can be entirely consensual and still be considered rape in the eyes of the law.

Statutory rape is a type of sex crime that occurs when an adult engages in any form of sexual activity with a person below the legal age of consent. The age of consent varies from state to state, but in Arizona it’s 18 years old.

The laws surrounding statutory rape are designed to protect minors from being taken advantage of by adults who may use their power or authority to manipulate them into engaging in sex acts.

What Are Some Potential Penalties for Statutory Rape in Arizona?

Sexual conduct with a minor is a criminal offense in Arizona. The exact penalties vary depending on the victim’s age and whether the defendant is a repeat offender.

Victim Under 15

In Arizona, statutory rape of a minor under the age of 15 is classified as a class 2 felony. If convicted, potential penalties include:

• Up to 27 years in prison for first-time offenders
• Life in prison if the child is younger than 12
• Mandatory registration as a sex offender upon release from prison

Victim 15 and older

Statutory rape of a minor 15 or older is classified as a class 6 felony. If convicted, potential penalties include:

• Up to two years in prison for first-time offenders
• Up to 12.5 years in prison if the defendant is the victim’s parent, legal guardian, teacher, coach, etc.
• Mandatory registration as a sex offender upon release from prison

Repeat Offender

Repeat offenders of statutory rape could face harsher penalties than first-time offenders, including:

• Lengthy prison sentences ranging from several years to life in some cases
• Significant fines and restitution payments
• Loss of certain rights such as the right to vote or own firearms

Statutory Rape Defenses in Arizona

If you’ve been charged with statutory rape in Arizona, you have several potential defenses that may work in your favor, including:

• Misled about age: An individual may argue that they reasonably believed the victim was over 18 at the time of sexual intercourse. This defense cannot be used if any evidence exists which would have made it obvious that a person was underage.

• False allegations: Individuals facing charges related to statutory rape may claim their accuser lied about their age or fabricated allegations to seek revenge or cause harm against them for various reasons, such as jealousy or spitefulness. In these instances, the defendant must provide evidence supporting this assertion, which can and should be done with the help of a skilled defense lawyer.

• Marital exception: This defense allows a defendant to avoid criminal liability if it can be proven that the victim was his/her spouse at the time of the alleged offense. If successful, this defense will result in dismissal of all charges against the defendant.

Are You Facing Statutory Rape Charges in Phoenix? Consider Hiring a Sex Crimes Attorney Today

If you or someone you know has been accused of a sex crime, don't wait – contact the Law Office of Michael Alarid III today. Michael Alarid has a proven track record of successfully defending clients facing various sex crime charges, including statutory rape.

To schedule a consultation and learn how we can help defend your rights, call our Phoenix office at 602-818-3110.