Jason D. Lamm Attorney at Law A Boutique Criminal Defense Firm Serving Phoenix

Would Harvey Weinstein and Kevin Spacey Get a Pass For Sexual Assault In Arizona?

In recent weeks, Phoenix has two new residents, albeit unwanted and uninvited. Harvey Weinstein and Kevin Spacey are both in the Valley of the Sun to get intensive therapy as a result of being accused of multiple instances of sexual assault. While Phoenix residents likely have nothing to worry about, both Weinstein and Spacey can take solace in the fact that even if the allegations against them are true, those allegations would likely not constitute sexual assault if they were prosecuted in Arizona.

What Is Sexual Assault In Arizona?

Arizona law defines sexual assault as some type of penetration of the body when the victim is either forced, does not give consent, or is not capable of giving consent. In many instances, this conduct is known as “rape”, though statutory rape is excluded from the definition. Statutory rape is charged under Arizona law as sexual conduct with a minor.

If a victim is so impaired or intoxicated that he or she cannot give consent and it can be proven that the accused knew or had reason to know of the victim’s inability to consent, they could be convicted of sexual assault under Arizona law. In the case of Harvey Weinstein, if prosecutors can prove that he either forced sexual intercourse or oral sex on his victims, or it can be shown that one or more of his victims was so intoxicated that they could not give consent to the sexual acts, he could be found guilty of sexual assault, provided the crime occurred in Arizona. To date, there has been no allegation that any of the sexual encounters occurred either in Phoenix, or anywhere else in the State.

Kevin Spacey could be found guilty of sexual assault if it can be shown that his victims were too impaired to give consent to having sex with him, and he also could be found guilty of sexual conduct with a minor if it is determined that the person or persons with whom he had sex were under the age of 18, even if they were perfectly sober. Under Arizona law, if the victim in a sexual conduct with a minor case is aged 14 or under, the offense is classified as a Dangerous Crime Against Children and carries far more severe mandatory prison sentences.

Sex Crimes In Arizona Are No Joke

While in many states, sex crimes such as sexual assault, sexual conduct with a minor and molestation of a child, are often plead down, sometimes even to misdemeanors, Arizona prosecutors take a hard stance on sex crimes. Armed with stiff mandatory sentencing provisions that were put in place by the Arizona Legislature many years ago, prosecutors recognize the power they wield and often try to get defendants to plead guilty to offenses that require lifetime sex offender registration and to a reduced prison sentence, just to avoid the possibility of a mandatory life sentence. In many instances, Arizona’s sex crime laws require the sentences to be fully served, without the possibility of early release or parole, and sentences must be served consecutive to one another – that is, back to back to back.

Get The Right Sex Crimes Attorney To Defend You In Phoenix

Jason Lamm is one of Arizona’s most experienced sex crimes criminal defense attorneys. He has been a trial lawyer for well over 20 years and used to prosecute sex crimes before starting his own firm in 2001. Since then, he has successfully defended hundreds of clients charged with sex crimes in Phoenix and around the state. He understands that sex crimes’ allegations are often false and that by thoroughly and aggressively defending the charges against his clients, he is able to level the playing field and disarm prosecutors of the axe they often wield in terms of Arizona’s mandatory sentencing scheme.

If you or someone close to you has been charged or indicted with a sex crime in Phoenix or anywhere around the State of Arizona, Jason Lamm can help you get to the truth of the matter and successfully defend your charges so that you can move forward with you future and your freedom. Confidential consultations can be scheduled by calling (602) 663-9100. And remember, you don’t have to be a famous actor like Harvey Weinstein or Kevin Spacey to get the experience of a proven criminal defense attorney to defend you and make things right.