What is the defense used for sexually assaulting a minor?
Full Question:
I live in Arizona with my daughter who is 15 years old. Last week she was sexually abused by my boyfriend when she was alone at home. I want to file a complaint against him for rape. However my boyfriend says my daughter consented to the sexual activity. She definitely did not give consent as she had no idea what he was up to. Can my boyfriend raise this as a valid defense?
12/15/2016 |
Category: Criminal ยป Statutory Rape |
State: Arizona |
#28156
Answer:
Per Arizona Revised Statutes §13-1405:
“A. A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age.
B. ...Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony. Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is or was in a position of trust and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233 subsection A or B until the sentence imposed has been served or commuted.”
B. ...Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony. Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is or was in a position of trust and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233 subsection A or B until the sentence imposed has been served or commuted.”
Per Arizona Revised Statutes §13-1404:
“A. A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person who is fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast.
B. It is not a defense to a prosecution for a violation of this section that the other person consented if the other person was fifteen, sixteen or seventeen years of age and the defendant was in a position of trust.
C. Sexual abuse is a class 5 felony unless the victim is under fifteen years of age in which case sexual abuse is a class 3 felony punishable pursuant to section 13-705.”
B. It is not a defense to a prosecution for a violation of this section that the other person consented if the other person was fifteen, sixteen or seventeen years of age and the defendant was in a position of trust.
C. Sexual abuse is a class 5 felony unless the victim is under fifteen years of age in which case sexual abuse is a class 3 felony punishable pursuant to section 13-705.”
Arizona Revised Statutes §13-1407 reads the defenses that could be used when a person who is 15 years old is sexually assaulted. It states:
“A. ***
B. It is a defense to a prosecution pursuant to sections 13-1404 and 13-1405 in which the victim's lack of consent is based on incapacity to consent because the victim was fifteen, sixteen or seventeen years of age if at the time the defendant engaged in the conduct constituting the offense the defendant did not know and could not reasonably have known the age of the victim.
***”
