Legal Question in Sexual Harassment in Arizona

My daughter had sex with her boyfriend and they were both minors at the time. A bit of time passed and he turned 18, because he turned into an adult at age 18 they stopped having sex and decided hed wait for her to turn 18 aswell. can i still press charges?


Asked on 6/19/12, 8:18 am

1 Answer from Attorneys

Carrie Spiller Law Office of Carrie M Spiller, PLLC

First, let me disclose that I am a criminal defense attorney, and came across your question, which probably could have been asked of a criminal attorney rather than a sexual harassment attorney. Under Arizona law, consensual sex between teenagers poses an interesting dilema, as ARS section 13-1407 states:

"F. It is a defense to a prosecution pursuant to sections 13-1405 and 13-3560 if the victim is fifteen, sixteen or seventeen years of age, the defendant is under nineteen years of age or attending high school and is no more than twenty-four months older than the victim and the conduct is consensual."

I hope this answers your questions as far as the ability to press charges. While you did not disclose your daughter's age, the question led me to believe that this statute applied to the situation. (ARS 13-1405 is the sexual conduct with a minor statute). You could still consult a civil attorney, but I hope this answer provides some clarity. If you have further questions, feel free to contact me.

Read more
Answered on 7/08/12, 8:13 am


Related Questions & Answers

More Sexual Harassment Law questions and answers in Arizona