Top Fort Defiance, AZ Statutory Rape Lawyers Near You
1745 Shea Center Drive, Suite 400, Littleton, CO 80129
6012 Renaissance PLace, Suite B, Toledo, OH 43623
1034 S Brentwood Blvd, 23rd Floor, PH-1B, St. Louis, MO 63117
1256 W Jefferson St, Suite 205, Joliet, IL 60435
401 North 31st St., Suite 1600, Billings, MT 59101
4023 Chain Bridge Road, Suite 5, Fairfax, VA 22030
218 N Jefferson St, Suite #300, Chicago, IL 60661
100 Wallace Avenue, Suite 240, Sarasota, FL 34237
2400 Chamber Center Drive, Suite 200, Fort Mitchell, KY 41017-1679
600 Anton Blvd, Suite 650, Costa Mesa, CA 92626
300 Richard Arrington Jr. Blvd. N., Suite 301, Birmingham, AL 35203
345 Southpointe Blvd Suite 100, Canonsburg, PA 15317
300 Vestavia Pkwy, Ste. 3200, Birmingham, AL 35216
620 Roma Ave. N.W., Albuquerque, NM 87102
859 Pendleton Street, Pickens, SC 29671
1821 West Maple, Birmingham, MI 48009
349 Illiania Street, Kailua, HI 96734
2020 N Central Ave, Suite 1010, Phoenix, AZ 85004
One Canal Place, 365 Canal Street, Suite 3000, New Orleans, LA 70130
28202 Cabot Road, Suite 300, Laguna Niguel, CA 92677
909 Poydras Street, Suite 1600, New Orleans, LA 70112
74 Main Street, Marlborough, MA 01752
10121 SE Sunnyside Rd, Suite 300, Clackamas, OR 97015
101 East Market Street, Suite 501, PO Box 1806, Aberdeen, WA 98520
300 Madison Avenue, Suite 1600, Toledo, OH 43604
Fort Defiance Statutory Rape Information
Lead Counsel independently verifies Statutory Rape attorneys in Fort Defiance and checks their standing with Arizona bar associations.
Our Verification Process and Criteria
Ample Experience
Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.Good Standing
Be in good standing with their bar associations and maintain a clean disciplinary record.Annual Review
Submit to an annual review to retain their Lead Counsel Verified status.Client Commitment
Pledge to follow the highest quality client service and ethical standards.
What Is Statutory Rape?
Statutory rape is sexual intercourse or sexual contact with someone who is below the age of consent (which varies from state to state). Someone below the age of consent cannot legally consent to a sexual relationship, even if they give verbal consent. It is not up to the underage individual whether or not to press statutory rape charges. The prosecutor can charge a defendant with statutory rape offenses without the alleged victim’s consent.
The penalties for statutory rape depend on the jurisdiction. Statutory rape can be charged as rape, sexual abuse of a minor, or other sexual offenses. Criminal penalties may depend on a number of aggravating and mitigating factors, including:
- Age of the victim
- Age difference between the parties involved
- Type of sexual activity
- Giving the victim alcohol or drugs
How Is Rape Different From Statutory Rape?
Rape is unlawful sexual intercourse. Rape can be committed through force, coercion, or when the victim cannot give consent. For example, someone who is passed out or drugged may not have the mental state to consent to sexual penetration. With statutory rape, the victim cannot give consent because the law does not consider them to be old enough to give legal consent.
With underage sexual intercourse, it does not matter what the underage person does or says. The underage individual may be encouraging or pursuing sex but they still cannot give legal consent. If the underage person says they will not tell anyone, the defendant can still be charged if law enforcement officers find out about the sexual relationship.
In some cases, parents or guardians may be okay with a sexual relationship between the defendant and their minor child. However, it does not matter if the parents give consent or the victim says that it is okay. If a teacher, counselor, or other friend’s parent finds out about the sexual relationship and reports it, the police can still make an arrest for rape or sexual assault.
What Is the Age of Consent?
The age of consent is 16 to 18, depending on the state. However, the defendant’s age may also be considered in statutory rape charges. There may need to be a sufficient age differential between the victim and the defendant, if the victim is above an age minimum. There may also be a minimum age of the defendant in order to prosecute someone for statutory rape. Contact an experienced criminal defense lawyer to understand the legal defense strategies in your case.
How Much Jail Time Can a Person Get for Statutory Rape?
In most cases, statutory rape or sexual assault of a minor is a felony offense. The felony penalties for a statutory rape conviction may include more than a year in prison. When the minor victim is under a certain age, the prison sentence can be much longer, including up to life imprisonment.
In addition to jail time and fines, statutory rape may be considered a “registerable offense.” After the defendant serves their sentence and is released from jail, they may have to register with local law enforcement agencies as a sex offender. Sex offenders have mandatory registration every year or whenever they move.
Sex offenders are put on a database that is public information and can be searched by the defendant’s name or search location. The sex offender registry may have identifying information, including:
- Name
- Photograph
- Physical description
- Address
- Sex crime
Is It a Defense if Someone Lied About Their Age?
In some cases, it may be a defense if the defendant had an honest and reasonable belief that the victim was over the age of consent. However, simply claiming the victim lied about their age may not be enough. It can help the defendant’s case if there are factors supporting their claim, including:
- Victim had a fake I.D. and claimed an older age
- Victim was in a place where minors are not generally present, including a bar
- There were other witnesses who were told and thought the victim was older
However, even if the defendant has substantial evidence of a reasonable belief of the age of consent, there may be a bar to this defense if the victim is under a certain age. If you have questions about this or other legal defenses, talk to a sex crimes defense attorney.
Can You Sue for Statutory Rape?
For criminal statutory rape laws, it is up to the prosecutor to bring criminal charges. The victim is not required to support criminal charges and the victim cannot drop criminal charges. Even if the victim comes to the defendant’s defense, the prosecutor can still pursue a felony conviction.
The victim of statutory rape may be able to file a civil complaint against the defendant for civil penalties. A civil cause of action may allow the victim to recover damages from the defendant, including monetary compensation.
Do You Need a Statutory Rape Lawyer?
There are severe penalties associated with a statutory rape charge, including harsh prison sentences and lifetime sex offender registration. A criminal defense attorney can provide an aggressive defense strategy to help you avoid criminal charges. Contact an experienced attorney for legal advice.