In the wake of Hollywood notables and political wannabes being outed for their past sexual predilections, the term “sexual assault” has been used in the media more than it ever has before. But whether you listen to Fox News, CNN, MSM, or even Fake News, don’t listen to the media – they don’t know what sexual assault is in Arizona.
Before we talk about what sexual assault is, and is not, in Arizona, let’s briefly run through a list of public figures whose names have recently been associated with the term sexual assault:
- Harvey Weinstein
- Kevin Spacey
- Bill O’Reilly
- Roger Ailes
- Judge Roy Moore
Amid this tawdry list of alleged sexual deviants, the reality is that most of the allegations against them do not constitute sexual assault in Arizona.
What Constitutes Sexual Assault In Arizona
Arizona law requires that there be some penetration by force or by a lack of consent. A lack of consent can be demonstrated through the victim’s unwillingness to participate in the sex act, or his/her inability to give consent due to intoxication that is apparent to the accused (Yes, I’m talking about you Bill Cosby).
What Does Not Constitute Sexual Assault In Arizona
Back to the gentlemen on the list. Many of the allegations made involving groping or fondling of the breast or buttocks. THIS IS NOT SEXUAL ASSAULT IN ARIZONA!
In Arizona, the charge of sexual abuse applies when someone touches the breast or buttocks of another without consent. If the victim is a minor, additional criminal charges can apply.
The Penalties For Sexual Assault In Arizona
If convicted for sexual assault in Arizona, the person convicted MUST spend between 5.25 and 14 years in prison. This is a mandatory sentence which a judge cannot disregard. Sex offender registration for life is also required.
A conviction for sexual abuse, on the other hand, is usually probation eligible and does require any jail time to be served. Once again, though, sex offender registration for life is required.
Get The Defense You Need If You Are Charged With Sexual Assault
In addition to being one of Phoenix’s most elite and experienced criminal defense attorneys, Jason Lamm has a proven track record in successfully defending charged with sexual assault. Additionally, he is a former sex crime prosecutor who understands how investigations works and how to identify their flaws and failures. By using a painstaking and methodical approach to defend his clients, Jason has attained unsurpassed outcomes for his clients charged with sexual assault, sexual abuse, and other sex crimes.
If you have been charged or are under investigation for committing a sexual assault, Jason Lamm is the only criminal defense attorney in Phoenix that you want on your side. By going on offense from the moment he starts a case, he may well be able to protect you from a loss of your freedom and the stigmas that come from having to register as a sex offender.
Confidential consultations can be scheduled by calling Jason Lamm at (602) 663-9100. Because of the very nature of sexual assault cases, police and prosecutors move very quickly so getting the right criminal defense attorney behind you is something that can’t wait.