The 20 Best Sexual Assault Defenses In Arizona
1-4: False Allegation of Sexual Conduct or Non-Consent
1. False Allegations Made by (or Regarding) Minors in Custody Battles.
False Sex Crimes Allegations and Sexual Assault Allegations are becoming more and more common as a tactic during custody battles seen in the Arizona Family Courts. Read More
2. False Allegations of 13 to 17 Year-Olds.
Teenage girls are the highest category seen when it comes to False Allegations involving Sexual Assault. Read More
3. False Allegations of “Me Too” by Minors and/or Adults.
The “Me Too” Movement as spawn numerous investigations when it comes to False Allegations involving Sexual Assault. Read More
4. Suggestibility of Children/Improper Interview Techniques.
It is widely accepted that the human brain does not fully develop until 26 years of age, and therefore Children can be highly influenced by their Peers, their Parents and Police Officers. Read More
5–12: False Allegations of Sex Crimes Involving Computers
5. Unknowing Downloads/Sharing of Child Pornography
File-Sharing Websites have become extremely popular in the last 15 years, and they have also created a wave of people who are being charged for Unknowingly Downloading Illegal Images and content. Read More
6. Hijacked Wi-Fi by Real Perpetrator
It has become more and more common for neighbors to “Hijack” a person’s Wi-Fi, and then Download Illegal Content, unbeknownst to the person who ultimately becomes the Defendant. Read More
7. Other Person in Household Used the Defendant’s Computer
It is a Defense to a Computer Crime if it can be shown that other people in a household, or residence of the Defendant had access to his computer. Read More
8. Tainted Evidence
We have seen numerous cases where Police have Mishandled Evidence and Improperly Conducted Forensic Examinations, thereby Tainting potential Evidence. Read More
9. Falsified/Planted Evidence
Many times cases will arise where a soon-to-be-ex-spouse, ex-girlfriend/boyfriend, or disgruntled coworker will Plant and Falsify Evidence on a Computer in order to “get even” with the Defendant. Read More
10. Undercover Sting Operations On-Line
Multi-Agency Task Forces routinely conduct Undercover Sting Operations Online throughout various intervals during the year. Unfortunately, the tactics that these Undercover Detectives utilize are very suspect and questionable. Read More
11. Alleged Victim Lied On-line About Age
Unfortunately, in today’s world of online dating, many people get “Catfished,” because many people lie while they are sitting at their keyboards. Read More
12. Misunderstanding of Text String/Emojis On-line
During a Multi-Agency Task Force, Detectives will attempt to use Emojis during online conversations – unfortunately, they are not very good at it. Read More
13-15: Age-Based Defenses
13. Alleged Victim Lied About Age In-Person
It is a Defense under ARS 13-1407(B) if a person is 15 to 17 years of age lied about being 18 or older. Read More
14. Romeo and Juliette Laws/Close-in-Age Defense
Arizona has provided a Defense for High School Romances that involve situations where one of the people is no older than 19 years of age, and they are both still in High School. This assumes that the Sexual Conduct is Consensual. Read More
15. Marriage Exception
Under Arizona law, there is an Exception which allows people 16 or 17 years of age to get Married to somebody who is 18 or older. Read More
16-19: Evidence-Based Defenses
16. Evidence Obtained Through Illegal Search and Seizure
We’ve seen many cases where Evidence was Improperly Seized without a Warrant, or was seized in Violation of a Warrant’s terms, or if the Warrant was obtained through False Statements in the by the Police Detective “Search Warrant Affidavit.” Read More
17. Miranda Violations and Coerced Statements
Most people have heard of Miranda Rights, but what they have not heard of, is the “Voluntariness Standard” which must be followed in Arizona, by law, before Statements are allowed into Evidence. Read More
18. Police Bias, Exaggeration and Outright Falsehoods
Body-Worn Cameras are known as “Axon Video Cameras,” and they, unfortunately, can be subject to Manipulation by Police Officers. Read More
19. Coerced Face ID or touch ID to Access Devices
“Face ID” and “Touch ID” are utilized in addition or in place of, Passcodes on many I-phones, I-pads, and MAC Computers nowadays. Read More
20: Diminished Capacities And Mental Health Issues
20. Autism and Spectrum-Bases Defenses
More and more people are being Diagnosed as being on the Autism Spectrum, or having Diminished Capacity, which can serve as a Defense to almost every type of Criminal Sexual Allegation. Read More