Accused of “Date Rape” in Arizona?
Understanding ARS 13-1406 and Building a Defense in Yavapai County

Under Arizona law, sexual assault (commonly called rape) is charged when someone “knowingly engages in sexual intercourse or oral sexual contact without the other person’s consent.” When the parties know each other—friends, classmates, co-workers, dating partners—or when drugs such as Rohypnol or GHB are allegedly used, law-enforcement labels the case date rape.

Elements the State Must Prove (ARS 13-1406)

1. Intent: The defendant knowingly or intentionally engaged in a sexual act; and
2. Lack of Consent: The victim did not consent, was coerced, or was incapable of consent due to drugs, alcohol, age, or mental incapacity.

Penalties for a Date-Rape Conviction

• Class 2 felony (baseline)
• Prison: 5.25-14 years (first offense)
  • One prior felony: 7-21 years
  • Two priors: 14-28 years
• Drug enhancement (Rohypnol, GHB, ketamine): +3 years mandatory
• Serious bodily injury: Life sentence; parole possible after 25 years
• Sex-offender registration, lifetime probation, substantial fines & restitution

Common Defense Strategies

• Actual consent—communications (texts, social media, witness statements) demonstrating voluntary participation
• False accusation or motive to lie (custody battles, breakup retaliation, college-discipline leverage)
• Mistaken identity / alibi
• Forensic challenges—DNA transfer explanations, toxicology errors, chain-of-custody issues
• Due-process violations—illegal interrogation, Miranda infringement, denial of counsel

Why Choose Ted Law in Prescott?

• Decades of felony trial experience in Yavapai County Superior Court
• Rapid evidence-preservation (phone data, surveillance, SANE-kit review)
• Discreet 24/7 client access—jail visits within hours
• Proven record negotiating reductions to non-registerable offenses

Your future, freedom, and reputation are on the line. Contact a sex-crimes defense attorney before speaking to detectives or Title IX investigators.

Call (928) 776-1782 or request a free confidential consultation.