MESA PHOENIX SEXUAL ASSAULT/RAPE DEFENSE ATTORNEY
A.R.S. § 13-1406 defines sexual assault, also known as rape, as intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of the person.
A.R.S. § 13-1406 is a Class 2 felony punishable by 5.25 to 14 years in prison for a first time felony offense. If the sexual assault involved the intentional or knowing administration of flunitrazepam, gamma hydroxy butyrate or ketamine hydrochloride without the victim's knowledge, the prison time must be increased by three years so the range would be 8.25 to 17 years for a first time felony offense. If the sexual assault involved the intentional or knowing infliction of serious physical injury, the person may be sentenced to life imprisonment.
“False accusations of sexual assault happen more than you think. I have a strategy to fight them!”
Lisa Witt
Sexual assault is punishable under A.R.S. § 13-705, the Dangerous Crimes Against Children statute, if the victim was twelve or younger and the person was at least eighteen. The range of imprisonment varies from 13 years to life imprisonment for a first time felony offense. A person sentenced for sexual assault may be placed on lifetime sex offender probation and will be required to register as a sex offender.
​
DEFENSES FOR SEXUAL ASSAULT/RAPE CHARGES IN ARIZONA
A charge of sexual assault requires rigorous fact investigation and legal analysis. Lisa is an analytical, detail-oriented defense attorney who knows the defenses for sexual assault and will thoroughly evaluate your case and determine if one or more of the following potential defense strategies apply:
-
Good character: You may have witnesses who can testify that you would never sexually assault anyone. The Arizona Court of Appeals has ruled that character witnesses may make the difference in whether a person is found guilty or not guilty in a sex crimes case.
-
Consent of victim: This defense may be available if victim is over the age of consent.
-
Alibi: You may have been working, out of state or with other people during the times alleged in the indictment.
-
Dishonesty of victim: The victim may have a mental illness, drug problem, alcohol problem, or prior sexual assault done by someone else which leads him or her to make false sexual assault accusations against you.
-
Bad acts of victim: The victim may have falsely accused someone else of sexual assault, may have sexually acted out against others, or may have a reputation for lying.
“I’m not afraid to go to trial—the trick is knowing when it makes sense.” Lisa Witt
-
Motive of victim: The victim may be motivated by anger, resentment, frustration, hatred or fear in making false accusations of sexual assault against you.
-
Dishonesty of victim’s parent or guardian: The victim’s parent or guardian may have a mental illness, drug problem, alcohol problem, or history of being sexually abused which leads him or her to unduly influence the victim to make false accusations against you.
-
Bad acts of victim’s parent or guardian: The victim’s parent or guardian may have falsely accused someone else of sexual assault, may have sexually acted out against others, or may have a reputation for dishonesty.
-
Motive of victim’s parent or guardian: The victim’s parent or guardian may be motivated by wanting to obtain sole custody, anger, revenge, or hatred.
-
Incredibility of victim’s story: The victim’s story may be incredible based on the timeline or other facts alleged.
-
Missing or tainted evidence: Sometimes the State’s evidence is missing or tainted. For example, the videotape of the victim’s sexual assault examination may be blank or the State’s test result for a supposed positive test for an STD obtained from you may be suspect.
-
Preclusion of State’s evidence: The State may have violated your constitutional rights or otherwise acted illegally in obtaining evidence or your confession so that the evidence or confession is precluded.
-
Law Enforcement misconduct: There may be police misconduct in investigating the charge, collecting the evidence, interviewing the victim and witnesses, or obtaining your confession.
-
Prosecutorial misconduct: There may be prosecutorial misconduct in disclosing the evidence, interviewing the victim and witnesses, and in the general course of your case.
-
Possible other defenses: Depending on the unique facts of your case, there may be other possible defenses. Lisa thinks outside the box when defending your case so she may come up with a novel defense that no other attorney has thought of before.
-
If you or a loved one is facing a charge of sexual assault, it’s very important to hire a detailed, passionate defense attorney who will fight for you as soon as possible. Call LisaLaw, LLC or fill out the on-line form for a free case review.
Lisa Witt is a Mesa/Phoenix, Arizona sexual assault/rape defense attorney serving clients facing charges in the East Valley, West Valley, Maricopa County, Scottsdale, Tempe, Chandler, Fountain Hills, Apache Junction, Gold Canyon, Queen Creek, Gilbert, Casa Grande, Surprise, Goodyear, Buckeye, Youngtown, Ahwatukee, Avondale, Tolleson.