We are not saying that sex crimes should go unpunished, but rather calling our probation departments, the State and the Court to action, in order to create an improved program that can benefit the community, the probationer, and the probationer’s family, with more consideration on the quality of testing and treatment and getting the probationer back into the community.
Ultimately, the current mold is not (in our opinion) the most effective way to prevent recidivism.
It may be an affirmative defense that the defendant did not and could not reasonably have known that the victim was under the age of 18.
Another possible defense is giving proof that no sexual conduct took place.
The premise, under probation’s “containment approach” for sex offender probation, is that “there are no cures for sexual deviancies,” as stated by the manual given to probationers on sex offender terms.
As such, in order to track the potential threat of a probationer, the probationer must submit to regular polygraph testing, in order for the probation officers and probation team to track their capacity for recidivism and potential threat to the community.
Both can be difficult to support, which is why involving a skilled criminal defense attorney is essential.
According to § 13-1405, statutory rape is a class 2 felony if the defendant was the victim's – In Arizona, a person can only be convicted of statutory rape if they intentionally and knowingly engaged in sex with someone under the age of 18.
As we outlined in the first part of our series, sex offender probation needs to be revamped, as it is inherently unfair.
While Castillo Law agrees that probation is an important and crucial part of reintroducing those accused of sex crimes into the community, there needs to be more consideration towards the negative impact sex offender probation has on everyone involved, including the families of probationers, and the community.
The sentence for class 2 dangerous felony statutory rape in Arizona is minimum 7 years in prison.
To learn more about sentencing requirements for felonies in Arizona, view Arizona's Mandatory Minimum Sentences. If you are facing a statutory rape/sex with a minor charge in Arizona, contact a Phoenix sex crime lawyer at Mayes Telles PLLC today for a free consultation!
It is for these reasons that polygraph testing is one of the main problems with sex offender probation.