Facing sexual assault charges after an evening out in Main Gate Square, either as part of a group of students or during a social event, could have severe and lasting repercussions. If this situation happens to you, you will need a Main Gate Square assault attorney to make sure you’re able to face these false sexual assault allegations in Tucson, AZ. To help you understand more about this charge and what it entails, the Tucson sexual crimes defense team at Lerner and Rowe Law Group have prepared this helpful guide.
What You Need to Know About ARS 13-1406
According to ARS 13-1406, sexual assault is classified as engaging in sexual intercourse or sexual contact with another person when done intentionally or knowingly without their consent. While that may seem quite simple in theory, in reality, distinguishing between a misunderstanding and a crime can be complicated by the nature of a social gathering involving alcohol and possible miscommunication.
An ARS 13-1406 defense can be very serious. Sexual assault in Arizona is categorized as a Class 2 felony, which ranks second in the hierarchy of the felony classifications in the state. The implications of being found guilty include:
- Mandatory minimum sentence with no provision for probation
- Life-long sex offender registry under the Arizona Sex Offender Registration Act
- Potential immigration consequences if the defendant is undocumented
- Lack of opportunity for housing and employment for life
There is no such thing as a minor case when you are dealing with a charge like sexual assault. Being convicted will affect your life forever. This makes it vital to have a seasoned U of A student defense lawyer who can provide legal guidance right away.
Arizona Consent Laws and the Role of Intoxication
Perhaps the most hotly debated issue in sexual assault cases within the University of Arizona area is the issue of intoxication and the ability to give consent. Arizona’s consent laws do not use a cut-off point, whereby an alcohol reading would be used to determine whether or not the individual was unable to give consent.
This factor is extremely important in both directions. If the complainant was in such an intoxicated state that they were incapable of giving consent, the law may consider it one of the elements of the crime, thus not requiring the prosecution to establish the use of force or intimidation.
However, if there were two people drinking alcohol and the person who made the accusation was capable of walking and speaking without difficulties, then there would be no indications of incapacity at all.
Our Tucson sex crimes defense lawyer team analyzes any evidence that could shed light on what exactly took place – witness statements about the condition of the alleged victim that evening, videos taken in the bars and clubs of the Main Gate Square area, text messages exchanged between the participants in the incident, and all other physical evidence available to the defense. In order to establish guilt, the prosecution must prove all the elements of the crime, and it is extremely difficult to do so.
Reasons for False or Exaggerated Claims near University of Arizona
No one likes to think that a claim of false sexual assault in Tucson, AZ could happen to them. It can, though, and it happens more than most realize. This is not an attempt to downplay the validity of sexual assault allegations – quite the opposite, in fact. It acknowledges that claims of sexual assault made following complex social encounters can be baseless, making it necessary to work with a skilled Tucson assault defense lawyer.
Within the boundaries of Main Gate Square and the adjacent University District, there are particular factors that contribute to the likelihood of an inaccurate or misunderstood situation, including:
- A change of mind following consensual behavior. If a situation is consensual at the time but regretted later on – particularly when the parties involved are not familiar – a person will sometimes report the matter in order to get out what they’re feeling.
- Social pressures at play in the college environment. A university atmosphere has its unique set of pressures. Fearing the social fallout from the wrong crowd can lead someone into making a false claim.
- Miscommunication between the parties. Alcohol loosens inhibitions and reduces the likelihood of clear communication. One individual recalls a highly affirmative “yes,” while the other party remembers feeling coerced or confused. Neither of these statements may be untrue; however, both could result in a criminal offense.
- Different recollections of the same events. Alcohol impairs memory formation. Two individuals who consumed alcohol on the same night may honestly recall the encounter in drastically different ways.
None of this makes defending against such an accusation easy. This is precisely why you should hire a competent University of Arizona student defense attorney who can build you a strong case from the start.
How a Main Gate Square Assault Attorney Defends You
There is no “one size fits all” defense strategy for ARS 13-1406 cases. However, the following are some tactics that our Tucson defense lawyers often utilize when fighting these allegations:
- Disproving the consent narrative. We examine all relevant communications between the parties, including texts, direct messages, and social media posts, to demonstrate that consent was given prior to, during, or after the encounter.
- Cross-examination of the complaining witness. Discrepancies in an account that has been told in different ways to a friend, university personnel, police, and at trial can make a strong impact. We know the right questions to ask and how to determine where an account may have changed.
- Forensic analysis and timelines. Bar receipts, Uber/Lyft logs, and ATM receipts can demonstrate where people were, their state, and timing. No detail is left out when creating a timeline.
- Examining DNA or physical evidence. If any forensic evidence plays into the prosecution’s case against you, we will bring in appropriate experts to review its collection, preservation, and analysis.
- Presenting your own expert witnesses. In cases based on intoxication consent, expert witnesses who testify to matters of memory, the pharmacology of alcohol, and behavioral patterns can make all the difference.
Our Main Gate Square Assault Attorney Team Is Ready to Help
Lerner and Rowe Law Group recognizes that being accused of sexual assault may be one of the most terrifying and isolating situations an individual will ever experience. We help you face these false allegations head on and aggressively defend you. Our Tucson criminal defense team knows Pima County courts, how sexual assault accusations work at the University of Arizona, and how they play out.
If you are facing sexual assault accusations, do not delay. Give our lawyers a call today at (520) 620-6200, fill out our convenient online contact form, or use our LiveChat service. We are here 24/7 to help you.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.