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.

 

For the vast majority of individuals, the requirement to register as a sex offender in Arizona is a lifetime commitment. However, there is one narrow exception. If you were convicted under A.R.S. § 13-1405 (Sexual Conduct with a Minor) and met specific criteria, you may be able to file a petition to terminate your registration requirement. Understanding whether this exception applies to you is crucial for regaining your freedom and moving forward with your life.

Who Qualifies for the Exception?

To be considered eligible for termination of sex offender registration, all of the following criteria must be met:

1. Age at the Time of the Offense:
   You were under 22 years old when you committed the offense.
2. Victim’s Age:
   The victim was 15, 16, or 17 years old.
3. Consent:
   The sexual conduct was consensual.
4. Probation Compliance:
   While on probation, you did not violate any sex-offender-related terms.
5. No Additional Offenses:
   You have not committed any other felony or sex-related offense under Chapter 14 or 35.1 of Title 13.
6. No Sexually Violent Person Designation:
   No court has determined that you are a sexually violent person, and no such proceedings are pending.
7. Single Victim and No Prison Sentence:
   There was only one victim, and you were not sentenced to prison for the offense requiring registration.

If each of these requirements is satisfied, you can file a petition to terminate your sex offender registration. Once filed, the burden shifts to the prosecution to prove by a preponderance of the evidence that you do not meet one or more criteria. If the prosecution succeeds on any point, your petition will be denied.

Court Discretion Still Applies

Even if you meet every requirement, the court retains the discretion to deny your petition if it determines that continued registration is necessary to serve the interests of justice or ensure the public’s safety. This underscores the importance of working with an experienced attorney who knows how to present a compelling case on your behalf.

Why You Need an Experienced Attorney

Terminating sex offender registration is a complex legal process that involves navigating Arizona’s intricate laws and convincing a judge that you no longer pose a risk to the community. With so much at stake, it’s vital to work with a seasoned Phoenix sex crimes attorney who understands the law, the court system, and the arguments needed to help you achieve the desired outcome.

Contact Ted Law for Skilled Representation

Attorney Theodore Agnick at Ted Law is dedicated to helping clients regain their freedom from sex offender registration requirements. With extensive knowledge of Arizona’s sex crime statutes and proven legal strategies, we can:

• Evaluate your eligibility for petitioning to terminate registration.
• Gather and present strong evidence to counter the prosecution’s claims.
• Advocate effectively in court, aiming to convince the judge that continued registration isn’t necessary.

Call (602) 453-3100 or reach out online today for a free, confidential consultation. We are available 24/7 to discuss your case and explore the legal options that could free you from a lifetime of registration, so you can move forward with your life.