Top Kayenta, AZ Statutory Rape Lawyers Near You
303 Texas Avenue, Suite 202, El Paso, TX 79901
14 Municipal Dr, Suite 300, Fishers, IN 46038
2233 W Baseline Rd, Suite C-101, Tempe, AZ 85283
322 E Michigan St, Suite 300, Milwaukee, WI 53202
341 West Baltimore Ave, PO Box 1238, Media, PA 19063
200 S Main St, Bel Air, MD 21014
4236 W. Lovers Ln, Dallas, TX 75209
PO Box 21, Shoals, IN 47581
112 Market Street, 8th Floor, Harrisburg, PA 17101
Two Penn Center Plaza, Suite 910, Philadelphia, PA 19102
2012 H St, Suite 202B, Sacramento, CA 95811
306 East Olympia Ave, Punta Gorda, FL 33950
120 Sanhican Dr, Trenton, NJ 08618
207 E Livingston St, Orlando, FL 32801
400 Third Avenue, Suite 111, Kingston, PA 18704
1623 2nd Ave N, Bessemer, AL 35020
111 West St. John Street, Suite 555, San Jose, CA 95113
505 S Perry St, Montgomery, AL 36104
105 N. Oak St., PO Box 768, Sallisaw, OK 74955
6506 S Lewis Ave, Suite 160, Tulsa, OK 74136
N7784 Vicksburg Way, Unit F, Oconomowoc, WI 53066
21 W Airy St, Norristown, PA 19401
399 Washington Ave NE, Marietta, GA 30060
418 E. Rosser Ave, Suite 102, Bismarck, ND 58501
210 E 7th St, Suite 7, Dumas, TX 79029
Kayenta Statutory Rape Information
Lead Counsel independently verifies Statutory Rape attorneys in Kayenta 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.