Arizona Sexual Battery Laws

Sexual Battery in Arizona refers to sex crimes not typically covered by rape statutes, such as sexual abuse or sexual assault. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In Arizona, sexual abuse is “knowingly engaging in sexual contact with any person who is fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast.” Sexual assault in Arizona is “intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.”

Penalties for Sexual Battery in Arizona

The penalties for sexual battery in Arizona depend on the charges issued.

• Sexual Abuse is a class 5 felony that carries a maximum prison sentence of 1 ½ years.
• Sexual assault is a class 2 felony that carries  a minimum prison sentence of 5.25 years, and a Maximum sentence of 14 years. The presumptive midterm used is 7 years.

Defense of a Sexual Battery in Arizona 

The list of defenses for Sexual battery in Arizona here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Arizona  

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.