The 20 Best Child Molestation Defenses In Arizona
1-4: False Allegations of Sexual Conduct or Non-Consent
1. False Allegations Regarding Children During Custody Disputes
Allegations of Child Molestation are becoming more and more common during Custody disputes and Divorce proceedings. Read More
2. False Allegations by Children who are 13 to 17 Years of Age
There have been numerous scientific studies which have shown that False Allegations of Sexual Conduct made by teenage girls between the ages of 13 and 17 years old are as high as 50%. Read More
3. “Me Too” False Allegations which are made by Children
With the advent of the “Me Too movement,” more and more False Allegations are being made by minors against adults. Read More
4. Suggestibility and Improper Interview Techniques Utilized on Children
Forensic Interviewers have been trained to how properly to interview a child regarding Child Molest Allegations. Unfortunately, many parents and Police Officers attempt to do their own investigation first, and end up affecting a Child’s Memory. Read More
5–12: False Allegations Regarding Sex Crimes and Involving Computers
5. Unknowingly Downloading of Sexually Explicit Images or Child Pornography on the internet
Beginning with Napster, file-sharing websites have taken over the internet. Unfortunately, many times people unknowingly download Child Pornography onto their computers. Read More
6. Wi-Fi “Hijacked” by a Neighbor
An unknowing Defendant may be the victim of a Hijacked” Wi-Fi by a neighbor. If this neighbor then proceeded to download sexually explicit images of children, this can lead to False Allegations against a Defendant. Read More
7. Multiple People in Residence with Access to a Defendant’s Computer
Many times, Detectives will not conduct a thorough investigation in order to determine if other people within a household had access to a computer, the computer’s passwords, and other security information. Read More
8. Improperly-Handled Evidence Which Becomes “Tainted.”
Very specific protocols must be followed when Detectives are gathering computer evidence and analyzing it forensically. Unfortunately, many street Cops and newer Detectives are very sloppy, and can “Taint” the evidence they have secured. Read More
9. Falsified Evidence Which Was “Planted.”
It is becoming more and more common to see cases where a disgruntled coworker, ex-boyfriend/girlfriend or soon to be former spouse, “Plants” illegal images of children on the Defendant’s computer. This is very common during Divorce/Child Custody disputes. Read More
10. Online Undercover Detectives and “Sting” Operations
In Arizona, Detectives are now staging undercover “Sting” operations where they pose as 18-year-olds who are seeking a relationship – then they change (i.e., reduce) their pretend age in order to entrap Defendants. Read More
11. The “Victim” Lying About Their True Age While Online with a Defendant
It is very common for minors to lie about their real age and pretend they are 18 or older while they are beginning an online relationship with the Defendant, which eventually becomes sexual in nature. Depending on the “Victim’s” actual age, this can be an absolute Defense to the Charges. Read More
12. “Slang” Emojis, and Text Strings that are Misleading During Online Conversations
When Detectives are engaged in undercover sting operations, they often misuse “Slang,” emojis, and other syntax while engaging with, and attempting to entrap, a Defendant. Read More
13-15: Age-Based Defenses
13. Alleged Victim of Sexual Activity Lied About Their Actual Age
Per ARS 15-1407(B), it is a Defense to Child Molestation if an alleged victim who is 15-17 years of age lies, and claims to be 18 or older, and the Defendant did not discover the truth before engaging in sexual activity. Read More
14. Romeo and Juliette Laws/Close-in-Age Defense
Under Arizona law, it is a Defense to Allegations of Child Molestation if the two people are in high school, dating, and one is 19 years-old and they are no more than two years difference in age. Read More
15. The Legal Marriage Exception
A person 18-years-old or older is allowed to get married to a person 16 or 17 years of age in Arizona, if the proper guidelines are met in order to meet statute. This makes Sexual Conduct after the marriage legal, even if one of the individuals is under 18, while the other is over 18 years of age. Read More
16-19: Evidence-Based Defenses
16. Evidence Gathered as the Result of Illegal Search and Seizure
Many times, DM Cantor has been able to Suppress Evidence if it was illegally obtained. One of the most common ways is to analyze the “Search Warrant Affidavit,” in order to find flaws in the Probable Cause Statement provided by the Detective. Read More
17. Miranda Violations Involving Coerced Admissions
Admissions or Statements made by a Defendant which were involuntarily provided can be Suppressed in Arizona. This is determined not only by looking to see whether Miranda Rights were read, but by carefully analyzing all the facts under the “Voluntariness” standard. Read More
18. Falsehoods, Lies, and Misstatements Regarding Evidence
Many Police Officers will turn off their Axon body-worn cameras during arrest or investigation. If this occurs, DM Cantor can file Motions on your behalf in order to have the entire case Dismissed. Read More
19. Touch ID or Face ID Which was Improperly Obtained to Access Computer Devices
Evidence can be Suppressed if Officers improperly obtained or coerced “Touch ID” or “Face ID” in order to access the Defendant’s computer devices. This can include not only cell phones, but MacBooks, and Mac computers. Read More
20: Mental Health Issues and Diminish Capacity Defenses
20. Spectrum and Mental Health Based Defenses
Defendants with Mental Health issues or who are on the Autism Spectrum present varying issues when it comes to their Defense. Many times, their medical records can be useful in keeping charges from ever being filed, or by greatly Reducing Charges and Penalties. Read More