Arizona Sexual Assault Laws

In Arizona, sexual assault (commonly called rape) occurs happens when a person intentionally or knowingly engages in sexual intercourse or oral sexual contact without the other person's consent.

If the sexual act does not involve one of those forms, then it falls under a different category of crime known as "sexual abuse."

Examples of sexual assault in Arizona

Sexual assault in Arizona can include any of the following acts:

  • Sexual intercourse without consent means the penetration of the vulva, penis, or anus using anything.
  • Oral sexual contact (with the vulva, penis, or anus) without consent - verbal threats, fear, or intimidation may be used to sexually assault someone.

Does it matter how old the victim was the time of the incident?

Yes, if the “victim” was under age 15, there are tougher penalties and sanctions in place including longer prison sentences including life in prison without possibility of parole or probation until after serving 35 years.

Sexual assault will land the offender in prison and likely on the Arizona Sex Offender Registry.

The following table highlights the main provisions of Arizona's sexual assault laws. See also Statutory Rape, and Sex Offenders and Sex Offenses .

Code Sections

ARS 13-1406 et seq.

Elements Sexual Assault

Having sexual intercourse or oral sexual contact with another person without their consent.

Aggravated Circumstances

Date rape drug used: additional three (3) years added to sentence.

If defendant caused an intentional infliction of "serious physical injury" to the victim during the crime, sentence can become 25 years to life in prison.

Mandatory Sex Registration?

Yes, defendant will have to register for life as a sex offender.

Punishment

Class two (2) felony, up to 14 years in prison. If the defendant has a prior felony sexual assault conviction up to 21 years in prison. If two (2) or more prior convictions, up to 28 years in prison.

When does a person "lack consent?"

  • The victim is coerced by reason of a mental disorder, defect, drugs, alcohol or any type of impairment; AND that impairment/condition is known or should have reasonably been known to the person accused of the crime;
  • The victim is intentionally deceived as to the nature of the act;
  • The victim is intentionally deceived to erroneously believe that the person is the victim’s spouse.

Note:State laws are constantly changing -- please contact an Arizona criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.

Arizona Criminal Laws Related Resources:

Arizona Sexual Assault Resources:

If you or someone you know has been sexually assaulted contact any of the following resources:

Accused of a Sexual Assault? Get a Free Case Review

Sexual assault cases in Arizona carry long jail sentences and huge fines. Not to mention the possibility of having to register as a sex offender for life. Don't go into your case unprepared. You should have an attorney who knows Arizona laws and can assist you with a defense. Start now with a free case review to learn more at no obligation.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.