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What is Sexual Abuse in Arizona, A.R.S. 13-1404.

Sexual abuse in Arizona, A.R.S. 13-1404, is committed by a person who intentionally or knowingly engages in sexual contact with any person who is fifteen or more years old without the consent of that person or by with any person who is under fifteen years of age if the sexual contact involves only the female breast.

Intentionally means a person's objective is to cause that result. An intentional act can also be to engage in that conduct.

Knowingly means a person is aware or believes that a person's conduct is of that nature or that circumstance exists.

Arizona law says sexual contact means any direct or indirect touching, fondling or manipulation of any part of the genitals, anus or female breast by any part of the body or by any object or causing a person to engage in such contact.

What are Penalties for the Crime of Sexual Contact in Arizona, A.R.S.13-1404.

Sexual Abuse in Arizona, A.R.S. 13-1404, is a class 5 felony unless the victim is under fifteen years of age in which case sexual abuse is a class 3 felony, and is punishable under A.R.S. 13-604.0.

Defenses for the Crime of Sexual Contact in Arizona, A.R.S. 13-1404.

It's important to note that each case is unique, and the appropriateness of a defense strategy depends on the facts and evidence involved. Here are some potential defenses that may be raised in response to sexual abuse charges:

  1. Consent: If the defense can establish that the sexual activity was consensual and that both parties willingly participated, it may be a valid defense. Consent, however, must be freely given, and factors such as age, mental capacity, and coercion can impact the validity of consent. If the lack of consent is because the victim is fifteen, sixteen or seventeen years old, and the defendant did not know nor could not reasonably know the victim is under eighteen then this may be a defense. However, It is not a defense that the other person consented if the other person was fifteen, sixteen or seventeen years of age and the defendant was in a position of trust.

  2. Lack of Evidence: The defense may challenge the sufficiency of the evidence presented by the prosecution. This could involve questioning the credibility of witnesses, challenging the reliability of forensic evidence, or highlighting gaps in the prosecution's case.

  3. Mistaken Identity: If there is doubt about the identification of the alleged perpetrator, the defense may argue that the accused was wrongly identified as the person responsible for the sexual abuse.

  4. False Accusations: A defense strategy may involve arguing that the allegations are false and may be motivated by personal vendettas, revenge, or other malicious intent.

  5. Alibi: If the accused has evidence demonstrating that they were not present at the location or time of the alleged sexual abuse, presenting an alibi can be a defense strategy.

  6. Intent: It is a defense that the defendant was not motivated by a sexual interest.

  7. Medical purposes: An act done in furtherance of lawful medical practice with a minor is a defense to the charge of sexual contact

Brian Di Pietro Law, PLLC Arizona's Tough Experienced Aggressive Sexual Offense Lawyer

Arizona criminal defense attorney Brian DiPietro has successfully represented many clients who had been charged with sexual offenses. His success is a result of his 39 years of criminal law both as a prosecutor and defense counsel.

Contact Brian Di Pietro Law, PLLC today for a free case evaluation about your pending sexual abuse  case in Arizona. Brian Di Pietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular sexual abuse charge. Contact now Brian Di Pietro Law, PLLC at 623-242-1535 for a free confidential case evaluation about your charge of sexual abuse in Arizona.