Statutory Rape – An Overview

Statutory Rape – An
Jan 08 2022
Ryan Garvey Attorneys

Although young people sometimes choose to engage in sexual conduct, the state views those under the age of 18-years-old as lacking the capacity to give legal consent for such contact. As a result, relationships between people over the age of consent and minors may lead to the elder partner-facing serious criminal charges.

Understanding the state’s laws regarding intimate relationships involving minors under the age of legal consent may help people protect themselves and their rights.

Sexual conduct with a minor

The state of Arizona refers to the charge commonly known as statutory rape as sexual conduct with a minor. According to state law, sexual conduct with a minor occurs when someone has intentional oral sexual contact or intercourse with someone under 18-years-old. Depending on factors, such as whether the defendant was a teacher, coach or otherwise in a position of trust to the alleged victim, this offense may classify as a class two or as a class six felony.

Romeo and Juliet defense

According to state law, in response to statutory rape charges, people may argue a defense commonly referred to as a Romeo and Juliet law. The state generally does not pursue criminal charges against those alleged to have engaged in sexual contact with a minor if the following circumstances exist:

  • The alleged victim is 15-, 16- or 17-years-old
  • The defendant attends high school
  • The defendant is not older than 19-years
  • The defendant is not more than 24-months older than the alleged victim
  • Both parties consented to the sexual conduct

Facing charges for sexual conduct with a minor often has significant consequences. However, building a solid defense may help people safeguard their freedom, as well as their good names.

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