Understanding Sex Offense Defense: Tamou Law Group’s Approach
If an adult is accused of consenting to a sexual act that later becomes contested, what role does the distinction between “sexual assault” (A.R.S. 13-1406) and “sexual abuse” (A.R.S. 13-1404) play in building a defence regarding consent and capacity in Arizona?
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When consent later becomes disputed, the distinction between sexual assault under A.R.S. 13-1406 and sexual abuse under A.R.S. 13-1404 becomes central to the defense strategy. Sexual assault requires proof of intentional sexual intercourse or oral sexual contact without consent, while sexual abuse often involves non-intercourse touching and carries different evidentiary burdens. By challenging capacity, communication, intoxication levels, or conflicting statements, defense counsel can argue the facts align with a lesser charge—or no crime at all. Experienced Arizona Sex Crime Lawyers use these legal distinctions to weaken the prosecution’s theory and strengthen consent-based defenses.