What Happens If a Minor Lies About Their Age In a Sexual Conduct Case?

What To Do If You’re Facing Statutory Rape Charges In Arizona

In certain circumstances, an individual might have a consensual sexual encounter with someone, only to discover later that they are being charged with statutory rape. This happens if the minor lied about their age and can come as a shock with devastating consequences.

Being charged with a sex crime, especially involving minors, negatively changes your life forever. However, being misled about the age of the victim can be used in a defense in Arizona by a skilled sex crimes lawye in Arizona. To do so, it is wise to hire a lawyer as soon as you are accused to make sure you do not say or do anything to accidentally implicate yourself.

Understanding Statutory Rape Charges In Arizona: Definition & Legal Implications

While the majority of rape cases involve a lack of consent, there are some where you can be charged with rape, even if it consensual. This is the case in statutory rape. Statutory rape happens when an adult engages in any form of sexual activity with a minor who is below the age of consent. Minors are anyone 18 years old and younger.

This means that if you engage in sexual activity with someone who is a minor, but they lie about their age and you have no reason to doubt them, you can still be charged with statutory rape. These laws are in place to protect minors from being taken advantage of, but have serious consequences when the adult is taken advantage of by the minor’s lies. 

Penalties For Statutory Rape In Arizona: What You Need to Know

The penalties for statutory rape vary depending on the age of the minor. A sex crimes lawyer will tell you that if the minor is under the age of 15, the adult can be charged with a class 2 felony. The penalties for this charge can include:

• Possible lifetime in prison with possible parole only after 35 years served.
• Mandatory sex offender registration for life.
• Hefty fines.
• Mandatory counseling or treatment programs.

The penalties for statutory rape are less severe if the minor is 15 years old or older. In these cases, the adult is charged with a class 6 felony and the penalties can include:

• Possible probation without going to prison.
• Up to 1-2 years in prison with more time for aggravating factors.
• Mandatory sex offender registration.
• Hefty fines.

Arizona’s Romeo & Juliet Law: A Defense For Close-Age Relationships

While Arizona is strict when it comes to sexual conduct with a minor, there is a law that gives some leeway to those that are close in age and it is called the Romeo and Juliet Law. The law applies if the minor is at least 15 years old and the age difference is less than 2 years. And like anything, consent is essential.

For example, let’s say that you are 19 years old and starting to date online. You are dating someone who is 17 years old, but has lied and said they were 18 years old. After a consensual sexual encounter with this person, you are accused of statutory rape by another individual. In this case, the Romeo and Juliet law can apply. 

You may still face penalties and charges, but they will be significantly less severe given the age difference. The goal is to protect young adults from being charged with something life-altering because of an encounter with a peer. After any accusation, it is wise to consult with a sex crimes lawyer to ensure your rights are protected.

Using The Mistake Of Age Defense In Arizona Sexual Conduct Cases

One of the defenses that someone might look to if they had sex with a minor who lied about their age is the mistake of age defense. However, in Arizona, this defense is generally not accepted unless it is possible to prove that you reasonably believed the minor was of legal age and that you took the steps necessary to ensure they were not a minor. 

Proving you were misled can be very challenging, but with the help of a skilled lawyer, it is possible. The Romeo and Juliet law is another way that you can reduce penalties and charges if there was a mistake of age.

Key Evidence to Build a Defense in Statutory Rape Cases

While Arizona does not use the mistake of age defense, there are still ways a sex crimes lawyer can reduce penalties and charges. The lawyer may look for certain evidence proving that you reasonably believed the minor was of age. The evidence could include:

• Text messages
• Social media posts
• Voicemails
• Emails
• Online dating profiles
• Social media accounts
• Profile photos 
• Testimony from friends or acquaintances
• Fake IDs
• Witness testimony regarding fake ID

How a Skilled Sex Crimes Lawyer Can Help Your Statutory Rape Case

When you’re accused of statutory rape, having a lawyer on your case is essential. A lawyer can complete an investigation and find the evidence necessary to encourage the court to view your case differently and possibly reduce your charges. Additionally, a skilled lawyer can decide to negotiate a plea deal which reduces charges and penalties in exchange for a plea of guilty. 

If these strategies are not an option, your lawyer can present mitigating factors such as evidence of good character, no prior criminal history, or lack of intent. These factors can also help reduce charges and penalties. With these strategies and more, a lawyer is essential to your case and will work toward the best possible outcome! 

Are You Being Charged With Statutory Rape? Look No Further Than Our Top-Rated Sex Crimes Lawyers

Sex crimes have severe consequences in Arizona which require a trustworthy and experienced lawyer. At VS Criminal Defense, our Arizona sex crimes lawyers have an in-depth understanding of Arizona law and the expertise necessary to be the best in your case. From misdemeanors to felonies, you can count on us to protect your rights and produce the best possible outcome! 

Don’t wait to find the best lawyer in your area, contact us today for a consultation!