Phoenix Sexual Assault Attorneys

What are Potential Defenses for Sexual Assault in Arizona?

To establish the best defense for a sexual assault case, after ruling out things like illegal search and seizures or a statute of limitations violation, the Belén Law Firm, PLLC, will explore both technical defenses as well as holistic defenses that show the lack of credibility for the prosecution.

Not All Elements of Sexual Assault are Proven

In Arizona, a person commits the crime of sexual assault by meeting ALL of the following:

• The defendant engaged in sexual intercourse or oral sexual contact with the accuser
• They acted knowingly or intentionally
• They acted without consent from the accuser

Before a defendant can be convicted of sexual assault, the prosecution must prove all of these elements beyond a reasonable doubt. If the prosecution fails to prove even one of these, the defendant will be acquitted. 

An effective strategy is to find the weakest piece of evidence and vigilantly attack it for one or more elements of the alleged crime.

Not Enough Corroborating Evidence

Physical evidence, such as DNA, bruising, or semen, is not always available in cases where the accusation was made well after the alleged contact. It is also not often available when the contact does not involve penetration or use of force or when there are false allegations made. When there is a lack of physical evidence, the judge or jury must determine whose version of the story is more credible. Therefore, the goal of any criminal defense attorney is to discredit the prosecution’s tale of events and build credibility for the defendant.

Even if corroboration evidence is available, one must realize that this does not always mean the accusations are true. In addition, this evidence allows us to examine, analyze, and use it to discredit any false accusations. 

False Allegations

Unfortunately, false allegations are relatively common in cases of sex crimes. As a result, proving that the accuser made false accusations and establishing their motivation can be an extremely relevant defense. A thorough pre-trial investigation of the accuser’s background and the circumstances surrounding the allegation can uncover facts that can quickly stack up to motivation.

A few of the motives for an individual to make false claims include:

• Embarrassment: Even though the accuser involved themselves in a consensual sexual encounter, the person may make a false accusation to cover up the fact that they willingly participated out of embarrassment
• Revenge or Contempt: A person may make accusations to seek revenge or because the accuser has developed contempt for the defendant
• Financial Incentive: A false sexual assault accusation can be a way for one person to gain money from another. More often than not, these accusations are intended to take place without the involvement of law enforcement. Although we see this with celebrities, this can happen anytime the accuser believes the defendant will have no choice but to comply with his or her demands. A classic example is extortion associated with extramarital affairs
• Divorce and Custody Disputes: One parent may falsely accuse the other of having sexually molested one or more of their children to gain an edge in family court. False accusations during legal disputes have become so common that there have even been books, articles, and podcasts written about it over the past decade

How Can Expert Witnesses Help My Sexual Assault Defense?

One of the most powerful tools that a sexual assault lawyer can utilize to prove their client’s innocence involves the use of expert witnesses. Expert witnesses testify about facts or general areas that are beyond the knowledge of the typical juror. Forensic psychologists can analyze videotaped interviews, especially concerning children. The use of expert witnesses in criminal cases is evolving and is almost necessary for most trial defenses. 

An expert witness can also expose what are called “taint” hearings. Taint occurs when a child is subjected to biased or suggestive interviews. Parents, teachers, police officers, and even therapists often ask leading questions, such as “he touched you there, didn’t he?” Sometimes, the adult is unaware of the suggestive nature of their questioning. Other times, the adult may deliberately or maliciously attempt to distort the child’s understanding of what happened. Either way, children eager to please adults will often give the answer they feel the adult wants to hear and can even build false memories that never actually occurred.

One of the basic principles of law is that defendants are considered innocent until proven guilty. However, even though this is considered a right of due process, it often does not seem to apply to sexual abuse or assault cases. Instead, many defendants and their attorneys have to work to prove their client’s innocence legally and in the court of public opinion.

Our law firm uses advanced legal techniques and innovative strategies to challenge the state’s case. Often, expert witnesses can provide comprehensive analysis that will sway the jury to render a not guilty verdict. Unfortunately, if you have been charged with sexual assault or abuse in Maricopa County, you will have to prove your innocence in a court of law. Belén Law Firm, PLLC, will use all legal resources at our disposal to help you obtain an outcome that is favorable to you and not the prosecution.

What is the Statute of Limitations for Arizona Sexual Assault Cases?

The Arizona statute of limitations protects individuals from having to defend themselves against alleged offenses so far in the past that the facts become obscured. The statute of limitations also ensures that evidence can be easily obtained and that individuals do not have to worry about the threat of litigation hanging over their heads indefinitely.

Generally, the clock starts ticking from the time the alleged sexual assault took place. In most instances, Arizona law dictates that the statute of limitations for felony offenses is limited to seven years. However, in a case where a sexual assault has occurred, that statute of limitations clock only starts ticking after law enforcement authorities determine the perpetrator’s identity. After identifying the perpetrator, the state must bring its case against the alleged perpetrator within seven years. If the state fails to bring charges before the statute of limitations expires, the perpetrator cannot be prosecuted.

Suppose the prosecuting attorney’s office is attempting to prosecute one of our clients for violating the statute of limitations. In that case, we will file a motion to dismiss the charges immediately. Our attorneys have in-depth experience with the legal process and will not allow your rights to be violated.

Do Most Sexual Assault Cases Have to Go to Trial to Be Resolved?

No one likes the potential of having to face a judge or jury if they have been charged with sexual abuse or assault. Defendants charged with sexual assault face severe penalties, such as the loss of freedom and standing in the community. However, many sexual assault or abuse cases are settled out of court through negotiations between criminal defense lawyers and prosecutors.

Going to trial can be expensive and time-consuming, so prosecutors are often eager to work out plea deals. If a plea deal is reached, the defendant pleads guilty in exchange for a lesser sentence. One of the primary factors that can influence a plea deal is the strength of the state’s evidence. If the alleged victim has made contradictory statements or is unwilling to cooperate, the state may be more willing to offer a lighter sentence to a reduced charge.

Other factors influencing whether a plea deal is offered include the defendant’s willingness to cooperate with the investigation and the type of charges. It should be stated that in instances where the victim has suffered a serious physical injury or where the perpetrator was at least 18 and the victim was under 15, the case is not eligible for a plea deal. Additionally, cases involving severe injuries or victims who are under 12 may result in convictions that result in defendants being sentenced to life in prison and being forced to serve at least 25 years before being eligible for release.

If negotiations between defense attorneys and prosecutors fail, then a case must go to trial to be decided. Because of the high stakes involved with sex crimes, it is always best to hire an experienced attorney.

Belén Law Firm, PLLC, is dedicated to fighting for your rights and freedom and is not afraid to challenge tough prosecutors to obtain a favorable outcome for your case. If you have questions about your legal situation, contact our law offices to schedule a free case evaluation so we can determine your legal options.

What is the Difference Between Sexual Abuse and Sexual Assault in Arizona?

Often, individuals will use the terms sexual abuse and sexual assault interchangeably. However, under Arizona law, sexual abuse and assault are two separate offenses.

Sexual abuse occurs when an alleged perpetrator makes inappropriate sexual contact without the other person’s consent. Many sexual abuse cases involve minors who are 15 or older or individuals who are legally unable to consent. If an individual who is at least 18 engages in sexual contact with a minor, they can be charged with sexual abuse even if the minor was a willing participant. Other stipulations related to sexual abuse include the alleged perpetrator being in a position of authority or trust at the time the sexual contact occurred. Sexual abuse may also apply to minors under age 15, but only if sexual contact is limited to the female breast.

State law classifies sexual abuse as a Class 5 felony; however, if the victim is under 15, the charges are upgraded to a Class 3 felony, which qualifies as Dangerous Crimes Against Children. Possible criminal penalties for sexual abuse are punishable by up to two-and-a-half years in state prison.

Conversely, sexual assault includes any non-consensual act that involves penetration or forced oral copulation. Sexual assault is charged as a Class 2 felony and comes with stiff penalties. If the sexual assault involved the perpetrator using specific controlled substances without the victim’s knowledge, their sentence is automatically increased by three years. If the sexual assault resulted in a serious injury, the perpetrator may be sentenced to life imprisonment.

If you have questions about the difference between sexual abuse and assault, contact Phoenix sexual abuse attorneys to schedule a free, confidential consultation. We will gladly answer your questions and help you understand your legal rights.

Can a Person Be Sentenced to Probation for Sexual Assault in Arizona?

Another common question many individuals ask is whether they could receive probation for sexual assault charges. Under Arizona law, individuals convicted of sexual assault are eligible to be sentenced to probation. Sexual assault is classified as a Class 2 felony, and state law dictates that anyone convicted of this offense is not eligible to receive probation. Additionally, they do not qualify for a suspended sentence or pardon unless authorized by a judge. After a person is released from prison, they will be required to register as a sexual offender.

Because probation or a suspended sentence is not an option in sexual assault cases, anyone facing charges must hire a highly qualified criminal defense lawyer. A skilled defense lawyer can provide legal guidance and help you understand your legal options.

Depending on the circumstances involved in the case, your attorney may be able to negotiate a reduced sentence. At Belén Law Firm, PLLC, we are committed to helping clients receive a fair outcome for their cases. Our defense attorneys are skilled negotiators unafraid to stand up to prosecutors. Our defense team realizes that defendants are often the victims of false allegations, and we will fight to protect your rights throughout the legal process.

If you or a loved one have been arrested for sexual assault in Maricopa County, allow our Phoenix criminal defense lawyers to review your case so we can determine what legal strategies fit your needs.

Why Should I Contact Sexual Assault Criminal Defense Attorney Belén Olmedo Guerra to Defend My Case?

At Belén Law Firm, PLLC, we handle all kinds of sex crime cases, including allegations of sexual abuse, rape, child pornography, sexual exploitation or online solicitation of a minor, prostitution, and solicitation of prostitution in Arizona, molestation, and any other form of sexual misconduct

If you’ve been charged with sexual assault or any other sex crime, you need an experienced, aggressive Phoenix criminal defense attorney like Belén Olmedo Guerra. Sexual assault charges are among the most serious types of sex crimes, and a conviction can lead to not only several criminal penalties like prison time but also mandatory sex offender registration, which can brand you as a sexual predator for the rest of your life.

Belén understands the severity of sexual assault charges in Arizona, and for that reason, she gives her all in defending every one of her clients. To contact a 24-hour criminal defense, call 602-715-0908 and schedule a free initial consultation to establish your attorney-client relationship as soon as possible.