What inherent defenses are there for allegations of sex crimes?

by | Feb 28, 2019 | Sex Crimes | 0 comments

For people in Prescott Valley and throughout Arizona, facing allegations of sex crimes can drastically effect their lives in a negative way. It can harm their personal life, cause damage to reputation, ruin their professional endeavors and result in an extended jail sentence with limited prospects after they have paid their debt to society. There are many defenses to these charges, but some are explicitly detailed under the law. The charges can be defended against effectively when these circumstances are in place. Having an experienced attorney is essential to that defense.

If there are allegations against a person that he or she committed sexual abuse or had sexual contact with a minor and it was done as part of a lawful medical practice, it is a viable defense. If the victim did not give consent and that was based on an inability to consent with the victim being 15-, 16- or 17-years-old at the time when the conduct allegedly occurred and the person who was arrested was not aware and could not have reasonably known the person’s age, it is a defense.

For those charged with indecent exposure, sexual assault or for having sexual contact with a minor and the act was done by a licensed physician, a registered nurse or a person who acted under the direction of either or if it was someone who was giving emergency care, it is a defense if the act must have been to help the person’s mental and physical state and there was no reasonable belief that a competent adult was available to give consent.

If the alleged perpetrator was the spouse of the victim when the act was committed, it is a defense against sexual abuse and sexual conduct with a minor, but not against sexual assault. It is a defense against allegations of sexual contact with a minor and aggravated luring for sexual exploitation if the victim was 15, 16 or 17 and the defendant was under 19 or still in high school while being no more than two years older than the victim with the contact being consensual. While any allegations of sex-based offenses can be frightening, it is important to remember that there is are sex crimes defenses, if the context of the incident falls into the above categories.

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