Statutory Rape carries with it some seriously dark connotations. Simply by containing the word "rape" the term brings an image of an unwilling participant being forced in awful circumstances. In reality, statutory rape laws essentially represent an inability of the victim to legally consent to sex, however do not generally involve forcible rape charges. This article is specifically directed at still-teen relationships, however the author would go so far as to include anyone charged with the crime less than four years apart from the victim. This article will also focus on Arizona law, the author's home state. Please be aware that laws vary from state to state, and you should reference your own state's statutes to determine the laws in your area.
According to the Arizona Revised Statute 13-1405, "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." There are no exceptions or qualifications, aside from extra penalties for "trusted persons" such as parents, teachers, or the clergy.
Contrary to popular opinion and rumors of a "three year rule," the only exception to the statutory rape law is that the victim is between 15-17 and the accused is under 19 or is still in high school and is no more than 24 months older.
To put these laws into a more simple format:
(1) Any adult having sexual relations with a person under 15 years old is in violation.
(2) Any adult over the age of 19 years and 1 day old who is not in high school and has sex with a person under 18 is in violation
(3) Any adult who is more than 24 months older than the victim is in violation unless under 19.
(4) Any adult who is still in high school but is less than 24 months older than the victim is not in violation.
It is also an affirmative defense in Arizona to prove that the accused did not know the victim's age at the time the crime was committed. It is also a defense that the two were married at the time.
It is important to educate young men and women who have recently graduated high school on these complex and at times arbitrary laws. Since many people between 17-19 have contact on a regular basis, it is conceivable that a recent graduate could be in technical violation of the law, even if that person had been in a preexisting relationship. Ignorance of the law is not a defense, and conviction of statutory rape carries jail time as well as registry as a sex offender.
If you have been accused of statutory rape in Arizona, contact a criminal defense lawyer in Phoenix. A criminal defense attorney in Arizona will have specific knowledge of the statutes and affirmative defenses, as well as experience with the specific court in question. Going it alone is never advisable, as simple procedural slip-ups can cost you years in jail.
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