Statutory Rape Lawyer in Phoenix

Arrested for Sex with a Minor in Arizona?

In Arizona, engaging in sexual intercourse or oral sexual contact with a person under the age of 18 is a crime under ARS 13-1405 — commonly referred to as "statutory rape" in other states. This charge can arise even when both parties believed the encounter was consensual, because Arizona law does not recognize consent as a defense when one party is under the age of 18.

At MayesTelles PLLC, our Phoenix statutory rape attorneys include former Maricopa County prosecutors who have handled these cases from both sides of the courtroom. We understand how serious and life-altering these charges are, and we fight aggressively to protect your rights from day one.

Speak with a Phoenix statutory rape defense attorney at (602) 428-7104 for a free, confidential consultation. We are available 24/7.

This page focuses on the colloquial "statutory rape" charge — particularly cases involving alleged victims aged 15 to 17 and the Romeo and Juliet law. For the full ARS 13-1405 statute breakdown, including Dangerous Crimes Against Children (DCAC) penalties for victims under 15, position-of-trust escalations, and forensic defense strategies, see our dedicated ARS 13-1405: Sexual Conduct with a Minor page.

Age of Consent Laws in Arizona

The age of consent in Arizona is 18 years old. This means that individuals under the age of 18 cannot legally give consent for sexual activity. Engaging in sexual activity with a minor under the age of 18 can lead to serious legal consequences under ARS 13-1405, including charges of statutory rape or sexual conduct with a minor.

Arizona law does recognize a close-in-age exemption — commonly called the "Romeo and Juliet" law — that can protect defendants in certain circumstances involving teenagers close in age.

Arizona's Romeo and Juliet Law

Arizona's Romeo and Juliet law provides a statutory protection for defendants when all of the following conditions are met at the time of the alleged offense:

• The alleged victim was between 15 and 17 years old
• The defendant was 19 years old or younger, or was a current high school student
• The defendant was no more than two years older than the alleged victim
• The sexual activity was consensual

If these conditions are satisfied, the Romeo and Juliet law may provide a defense to ARS 13-1405 charges. This exemption applies specifically to sexual conduct with a minor and aggravated luring charges — it does not apply to sexual assault, child molestation, indecent exposure, or public sexual indecency.

Marriage Exception

Under Arizona Revised Statutes § 25-102, a person who is at least 16 years old but under 18 may get married with parental consent, provided the prospective spouse is not more than three years older. If the defendant and the alleged victim were lawfully married at the time of the alleged conduct, this exception may apply to the charges. Anyone under 16 years of age cannot legally marry in Arizona.

What Constitutes Statutory Rape in Arizona?

Under ARS 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 under the age of 18. "Statutory rape" is not a separate Arizona crime — it is the colloquial term that describes ARS 13-1405 charges where the conduct would otherwise be consensual but for the minor's age.

The statute covers:

• Sexual intercourse — penetration into the penis, vulva, or anus by any part of a body or any object, or masturbatory contact with the penis or vulva
• Oral sexual contact — oral contact with the penis, vulva, or anus

Penalties for Statutory Rape in Arizona

The penalties under ARS 13-1405 vary significantly depending on the age of the alleged victim and the relationship between the parties. This is the most critical factor in these cases.

For cases involving victims aged 15 to 17 with no position-of-trust relationship, a Class 6 felony carries a sentencing range of 4 months to 2 years in prison, and probation is available for first-time offenders. This is where mitigation strategy — including psychosexual evaluations and character evidence — can make a significant difference in the outcome.

When the alleged victim is under 15, the charge triggers Arizona's Dangerous Crimes Against Children (DCAC) framework under ARS 13-705, which imposes mandatory flat-time sentences starting at 13 years for a first offense. These sentences cannot be reduced through probation or early release.

All convictions under ARS 13-1405 — regardless of the victim's age — require lifetime registration as a sex offender under ARS 13-3821.

Legal Defenses Against Statutory Rape Charges

There are several common legal defenses that our experienced attorneys can pursue in ARS 13-1405 cases. The right defense depends entirely on the specific facts of your case.

Romeo and Juliet Close-in-Age Exemption

As described above, if the defendant and the alleged victim were close in age and all statutory requirements are met, the Romeo and Juliet law may provide a complete defense to the charges.

Mistaken Age

If the defendant reasonably believed that the alleged victim was of legal age — for example, because the minor actively misrepresented their age on a dating app with an age minimum — this can be relevant to the defense. Arizona courts have not recognized this as a complete statutory defense, but the circumstances surrounding the defendant's belief can affect both the defense strategy and sentencing outcomes.

Marriage

If the defendant was lawfully married to the alleged victim at the time of the conduct, the marriage exception under ARS 25-102 may apply, provided the statutory conditions are met.

No Sexual Contact Occurred

If no actual sexual contact of the type defined by the statute occurred, the defense can challenge whether the charge is legally supported by the evidence. This may involve scrutinizing the alleged victim's account, physical evidence, and the reliability of forensic findings.

False Accusation or Mistaken Identity

Accusations in statutory rape cases are sometimes motivated by personal conflict, a breakup, or family pressure. Our attorneys investigate the accuser's credibility, statements, and potential motives. In Client RJ's case — charged with 18 counts, including Sexual Conduct with a Minor — we forced dismissal of half the counts pre-trial and the jury acquitted on all remaining counts at trial.

Constitutional Violations

If law enforcement obtained evidence through an illegal search or law enforcement failed to properly advise you of your Miranda rights before questioning, that evidence can be challenged and suppressed. Suppression of key evidence can significantly weaken or eliminate the State's case.

Insufficient Evidence

The prosecution must prove every element of the charge beyond a reasonable doubt. If the evidence is unreliable, inconsistent, or insufficient to prove the defendant's guilt to that standard, we challenge it at every stage of the proceedings.

Why Choose MayesTelles PLLC?

This is a time when you cannot afford inexperienced representation. At MayesTelles PLLC:

• Multiple attorneys on our team are former Maricopa County prosecutors who have handled sex crimes cases from both sides — we know how these cases are built and how to dismantle them
• We have achieved complete dismissals of multiple-count DCAC sex offense cases in Maricopa County Superior Court
• We are available 24 hours a day, 7 days a week, because arrests and investigations do not happen on a schedule
• We offer flexible payment plans because we believe that quality defense should not depend on financial circumstances

We bring 200+ years of combined criminal defense experience to every case. Our attorneys handle both state and federal sex crimes charges throughout Arizona.

Contact Our Phoenix Statutory Rape Attorneys Today

If you or a family member has been accused of statutory rape or sexual conduct with a minor in Arizona, do not wait to contact an attorney. Every day matters when it comes to preserving evidence, identifying witnesses, and building a defense.

MayesTelles PLLC has the prosecutorial experience, the courtroom track record, and the local knowledge to fight for the best possible outcome. We offer free, confidential consultations and are available around the clock.

Get a free consultation. Call our Phoenix statutory rape defense attorneys at (602) 428-7104. Available 24/7. No obligation.