Sex Crimes

September 14, 2023

Arizona Defendant Appeals Rape Conviction on Grounds that Confession was Involuntary

Recently, an Arizona court of appeals had to decide whether to grant a defendant’s request to overturn his convictions and sentences for sexual assault, kidnapping, and sexual abuse. Originally, the defendant was charged after he dragged a coworker to a warehouse and raped her; his case went to trial, and he was found guilty. On appeal, the defendant argued that the jury should not have been privy to the confession he made to an investigator since the confession was made involuntarily. The higher court considered this argument but eventually rejected it, denying the defendant’s appeal.

Facts of the Case

According to the opinion, the defendant and the victim in this case worked together, and the defendant had repeatedly asked the victim to go on a date with him. The victim denied the defendant’s advances, and the defendant retaliated because of the rejection. On one morning, when the two individuals were working together, the defendant dragged the woman into a warehouse and slammed her into the wall, then raped her.

A motorcyclist driving by saw the defendant dragging the woman on the ground, and he called 911. Soon after, several police officers arrived at the scene, found the woman unconscious, and arrested the defendant.

The victim sustained multiple injuries, including a concussion and injuries consistent with strangulation. The defendant was taken to the police station. An officer read him his Miranda rights, and he immediately confessed to injuring and raping the woman.

May 10, 2023

Defendant in Sexual Misconduct Case Unsuccessfully Appeals Guilty Verdict

by James E. Novak, P.L.L.C.

Late last month, the defendant in a sexual misconduct case appealed his guilty conviction before an Arizona court of appeals. The defendant had been found guilty after his stepdaughter accused him of sexually assaulting her, and he argued on appeal that the trial court should have admitted certain evidence that it kept out of the trial record. If that evidence had been admitted, argued the defendant, he might have walked away without a guilty verdict. Ultimately, the court of appeals disagreed and denied the defendant’s appeal.

Facts of the Case

According to the opinion, the defendant lived with his wife and his wife’s daughter, who was 11 years old at the time of the alleged incidents. Twice over a period of two days, the defendant initiated sexual contact with the child, and she reported it to her school counselor later that week. Local law enforcement got involved, and the defendant was charged with sexual conduct with a minor.

When the case went to trial, the defendant’s attorney wanted to introduce into evidence two other examples of the when the child accused men of raping her. According to defense counsel, these other rapes ended up being false accusations, and the court should be allowed to consider this history when deciding whether the girl was telling the truth about the defendant in this case.

April 11, 2023

Appellate Court Affirms Arizona Defendant’s Sexual Exploitation Conviction

by James E. Novak, P.L.L.C.

In a recent case before an Arizona court of appeals, a defendant convicted of sexual exploitation unsuccessfully argued that the evidence at trial was insufficient to support the lower court’s ruling. Originally, the defendant was charged after investigators found child pornography on a laptop in his home. The case went to trial, a jury found the defendant guilty, and the defendant promptly appealed.

Facts of the Case

This case began when investigators in Arizona were alerted to the fact that an IP address in the area had been used to download child sexual abuse material. An alert was placed on that particular IP address, and investigators noticed files of a similar nature were being downloaded on the computer. The investigators obtained a valid warrant and went to search the defendant in this case’s home.

While at the house, the investigators found several laptops. They brought the laptops for a closer look, and they eventually found the child sexual abuse material on one of the computers – specifically, the investigators found nine movie files with child pornography. The laptop did not, however, have any immediately evident connections to the defendant – instead, the username and account information on the computer all suggested that the defendant’s mom owned the device.

Eventually, the defendant’s case went to trial, and he was found guilty as charged.

February 10, 2023

Arizona Defendant in Sexual Assault Case Successfully Argues for Reversal of Conviction and Sentence

by James E. Novak, P.L.L.C.

In a recent case before an Arizona court of appeals, the defendant asked the court to reconsider his convictions and sentences for sexual conduct with a minor. Originally, the defendant was found guilty and sentenced to 51 years in prison after he molested three children; however, the defendant was between the ages of 10 and 12 when he committed the crime. On appeal, then, the court found that the defendant was too young to have been prosecuted as an adult, and it ultimately vacated the convictions.

Facts of the Case

According to the opinion, the defendant was a child when his mother took him every week to the house of the children she babysat. Over the course of several years, the defendant engaged in sexual acts with the three kids in the household without the kids’ consent.

Approximately ten years later, the kids told their mother about the incidents. At that point, the defendant was 23 years old, and the State charged him with sexual conduct with a minor and child molestation. The case went to trial, and the jury found the defendant guilty as charged. He was then sentenced to 51 years in prison.