Impact of Rape Accusations

As a criminal defense attorney for the past four decades, I have seen my fair share of rape cases come to my office, some of which are cases in which the defendant has been falsely accused. According to studies performed by the FBI, approximately 8% of rape accusations have been proven to be false. My own experience is the percentage of false allegations is even higher than the FBI figures.

When you’re charged with a sex crime in Arizona, you will be facing harsh penalties that will affect the rest of your life. False accusations of a sex crime will make you feel no one is on your side and that the legal system is stacked to work against you. I am here to help with that. If you’ve been charged with rape, which in Arizona is called the crime of sexual assault, and you live in Tucson, Arizona or in the surrounding areas, you need to become familiar with Arizona rape laws and how an effective defense attorney can build a case to defend you against these terrifying allegations.

Sexual Assault - The Legal Definition

Arizona State Statute 13-406 defines this sex crime as “intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without the consent of such person.” Under this law there are several instances in which an adult’s consent is not considered valid in the eyes of the law in Tucson:

  • Consent is coerced out of fear

  • Consent is given as a result of force, threats, or fraud

  • Someone uses their authority to demand consent

  • The victim is unconscious, has been drugged, or is too drunk to give consent

  • The victim suffers from mental disabilities

  • Consent was given, but the victim loses consciousness

  • The victim revokes consent after it has been given



How Rape Allegations Commonly Arise

Accordingly, rape or sexual assault is classified as a sexual act committed without the consent of the individual. Rape can be committed with or without the use of force. If an individual doesn’t explicitly seek consent and then performs an act of of sexual contact or intercourse, it is entirely possible he will be charged with rape. Also, as discussed elsewhere in this website, a sexual act between two adults who are intoxicated and who willingly partake of sex can result in rape charges following a morning of buyer's remorse by the woman. 

Penalties If You’re Found Guilty

Arizona does not take it easy on those convicted of a sex crime. Sexual assault and rape convictions are a class 2 felony in Tucson, Arizona. A conviction for a single act of rape carries a mandatory presumptive prison sentence of 7.5 years, with no possibility of probation or parole.  

Additionally the sentence must be served in it entirety, or day for day. Depending on many factors in your case, your first conviction can result in a prison sentence up to 14 years, and a prior conviction can mean you spend up to 21 years in prison.

If you’re found guilty of rape, charged with using a weapon against the accuser, or have been charged with two or more felonies, 14-28 years in prison is possible. Don’t let one false accusation change the rest of your life. Call an aggressive rape defense attorney today to fight for your freedom and your rights.

My job as your criminal defense attorney is to gather evidence that proves the accuser legally consented to the sexual acts performed or that these acts never occurred. If you did not have non-consensual sexual contact or intercourse with the victim, I will strive to prove that the allegations are false so you don’t suffer dire, lifelong consequences.


Harsh penalties can take away your freedom and your ability to live your life to the fullest. My competence and relevant experience is the tool you need in search of a favorable outcome. For over 40 years, I have practiced criminal defense to guide my clients to either a reduced sentence or to have the charges dropped altogether. Schedule a free consultation with me today. I proudly serve the counties of Pima, Maricopa, Santa Cruz, and Cochise.