Sexual Assault Attorneys in Arizona: Your Complete Legal Guide
If you or someone you love has survived sexual assault in Arizona, understanding your legal rights is a critical first step toward justice. This guide covers Arizona’s key sexual assault laws, profiles five law firms that handle survivor cases, and answers the most important questions survivors face.
Introduction
Sexual assault is one of the most devastating crimes a person can experience, leaving lasting physical, psychological, and financial harm. In Arizona, both criminal prosecution and civil lawsuits are available paths to justice. The civil option allows survivors to pursue financial compensation from perpetrators and institutions even when the criminal justice system falls short. Arizona law has evolved significantly in recent years, with 2019 legislation extending civil filing deadlines for childhood sexual abuse survivors. Given that time limits still apply in most cases, contacting an attorney promptly is critical.
Arizona Sexual Assault Laws
Definitions and Criminal Offenses
Arizona’s sexual offense statutes are found primarily in A.R.S. § 13-1404 through § 13-1417.
Sexual Assault (A.R.S. § 13-1406) is defined as knowingly or intentionally engaging in sexual intercourse or oral sexual contact with any person without that person’s consent. Sexual assault is a Class 2 felony. For a first offense with no prior convictions, the sentencing range is 5.25 to 14 years in prison, with a presumptive sentence of 7 years. If the perpetrator is a repeat offender or caused serious physical injury, sentences can be substantially longer. A conviction also requires lifetime sex offender registration.
Sexual Abuse (A.R.S. § 13-1404) covers intentional or knowing non-consensual sexual contact with a person aged 15 or older, or any sexual contact with a female breast of a person under 15. Sexual abuse is a Class 5 felony, or a Class 3 felony if the victim is under 15.
Sexual Conduct with a Minor (A.R.S. § 13-1405) criminalizes sexual intercourse or oral sexual contact with a person under 18. The severity varies by age of the victim: conduct involving a child under 15 is a Class 2 felony with mandatory prison time, while conduct involving a minor aged 15 to 17 is a Class 6 felony with certain exceptions.
Molestation of a Child (A.R.S. § 13-1410) criminalizes intentional or knowing sexual contact with a child under 15. It is a Class 2 felony with no possibility of probation or suspension of sentence.
Arizona’s age of consent is 18. The Romeo and Juliet provision (A.R.S. § 13-1407) provides a limited defense for consensual sexual conduct between minors close in age.
Violent Sexual Assault (A.R.S. § 13-1423) is an aggravated category that applies when an offender commits sexual assault or other qualifying sex offenses while using a deadly weapon or dangerous instrument, causing serious physical injury, and having a prior sex crime conviction. It carries sentences of 25 to 35 years per count.
Statutes of Limitations
Criminal Deadlines
Under A.R.S. § 13-107, there is no criminal statute of limitations for Class 2 felony sex crimes, which include sexual assault (rape), sexual conduct with a minor under 15, molestation of a child, and violent sexual assault – as long as the identity of the perpetrator is known. Once the suspect is identified, prosecution may commence at any time. Prior to identification, no limitation period runs. For other felony sex crimes (Class 3 through 6), the criminal SOL is generally 7 years. Misdemeanor sex offenses have a 1-year criminal SOL.
Civil Deadlines
For adult survivors (age 18 or older at time of the assault), Arizona’s civil SOL is 2 years from the date of the incident under A.R.S. § 12-542.
For childhood sexual abuse, Arizona passed significant reform in 2019. Under A.R.S. § 12-514, survivors now have 12 years from their 18th birthday to file a civil lawsuit – meaning claims can be filed up to the survivor’s 30th birthday. The 2019 law also opened a 19-month retroactive lookback window (which closed December 31, 2020). Survivors who would have been time-barred under the old law were able to revive their claims during that window.
One critical exception: when the defendant is a public or governmental entity or employee (such as a public school), a Notice of Claim must generally be served within 180 days of the abuse, or 180 days after the victim’s 18th birthday – whichever is later. Failure to file this notice can bar a civil claim against a public entity.
Top 5 Sexual Assault Attorneys in Arizona
1. Knapp & Roberts
Address: 8838 E Via De Ventura, Suite 100, Scottsdale, AZ 85258
Phone: (480) 991-7677
Website: https://www.knappandroberts.com
Knapp & Roberts is a Phoenix-area plaintiff firm whose attorneys handle sexual assault and rape civil claims throughout Arizona. The firm assembles expert teams to prove cases, and has used computer-generated animation and charts to explain assault mechanics to juries. Attorneys Craig Knapp, Dana Roberts, David Friedman, Suzanne Ogden (R.N., J.D.), and Elizabeth Knapp bring combined experience across personal injury, medical malpractice, and sexual assault litigation. The firm offers free initial consultations and takes cases on a no-fee-unless-we-win basis.
2. Montoya, Lucero & Pastor, P.A.
Address: 3200 N Central Ave, Suite 2550, Phoenix, AZ 85012
Phone: (602) 483-6869
Website: https://www.mjpattorneys.com
Montoya, Lucero & Pastor is a Phoenix firm with a dedicated sexual abuse practice covering clergy abuse, foster care abuse, group home abuse, youth sports abuse, school and daycare abuse, and Department of Child Safety failures. Attorneys Stephen Montoya, Robert Pastor, and Tiffani Lucero bring more than 60 years of combined experience. The firm has represented survivors of abuse by Catholic priests, religious workers, foster parents, teachers, and coaches. The firm operates on a contingency fee basis – no fees unless compensation is recovered – and offers weekend appointments by request.
3. Phillips Law Group
Address: 3101 N Central Ave, Suite 1500, Phoenix, AZ 85012
Phone: (602) 258-8888
Website: https://phillipslaw.com
Phillips Law Group is a large Phoenix plaintiff firm handling both child sexual abuse and adult sexual assault civil claims. Practice areas specific to sexual abuse include clergy abuse, abuse in foster and residential care facilities, abuse by doctors in medical settings, abuse by school teachers and coaches, abuse in youth sports, rideshare sexual assault (Uber and Lyft), and workplace sexual harassment. The firm takes cases on a no-fee-unless-we-win basis and offers free consultations. Phillips Law Group serves clients statewide from its Phoenix office.
4. Sargon Law Group
Address: 7702 E Doubletree Ranch Rd, Suite 300, Scottsdale, AZ 85258
Phone: (623) 225-5635
Website: https://www.sargonlawgroup.com
Sargon Law Group is a Phoenix-area personal injury firm whose attorneys handle sexual assault civil claims and rideshare sexual assault cases. The firm takes all cases through trial if necessary, and notes that insurance companies are aware the firm is always trial-ready. Attorneys include Sargon Khananisho, Michael Morgan, Trevor Farrage, Oliver Lemke, Vanessa Mouchi, and Joanna Frankel. The firm is available 24/7 and offers free consultations.
5. Mercaldo Law Firm
Address: Phoenix: (480) 227-8081 | Tucson: (520) 624-1400
Website: https://mercaldo.com
Mercaldo Law Firm handles sexual abuse cases in Arizona (Phoenix and Tucson) and San Diego. The attorneys bring more than 40 years of trial experience and a track record of jury verdicts for clients. The firm confers with medical experts and mental health professionals to document the full scope of harm. Mercaldo prepares thoroughly and pursues institutions as well as individual perpetrators. Evening appointments are available on request, and initial consultations are free of charge.
Frequently Asked Questions
What is the difference between a criminal case and a civil lawsuit after sexual assault?
A criminal case is prosecuted by the state and can result in imprisonment, fines, and sex offender registration for the perpetrator. You are a witness in a criminal case, not a party. A civil lawsuit is your personal case, filed in your name, seeking financial compensation for the harm done to you. The burden of proof is lower in civil court – you need to show it is more probable than not that the abuse occurred, compared to beyond a reasonable doubt in a criminal trial. Civil and criminal cases can proceed simultaneously and independently of each other.
How long do I have to file a civil sexual assault lawsuit in Arizona?
For adult survivors, the general deadline is 2 years from the date of the incident. For childhood sexual abuse, Arizona’s 2019 reform (A.R.S. § 12-514) gives survivors until their 30th birthday – 12 years after turning 18. If the defendant is a public entity such as a school district, a Notice of Claim must be filed within 180 days of the abuse or 180 days after age 18, whichever is later. Given these tight and variable deadlines, consulting an attorney as soon as possible is essential.
What compensation can I recover in a civil sexual assault lawsuit in Arizona?
You can recover economic damages including medical bills, therapy and counseling costs, and lost wages. Non-economic damages – pain and suffering, emotional distress, loss of enjoyment of life – are also available. In cases involving egregious conduct by an institution, punitive damages may be available. Arizona law also recognizes claims for intentional infliction of emotional distress in cases where there was no serious physical injury but severe psychological harm was inflicted.
Closing
Arizona’s 2019 reform significantly expanded access to justice for childhood sexual abuse survivors, but deadlines are still strict and vary by case type. The firms listed above have experience handling sexual assault civil claims and offer free, confidential consultations. If you or someone you love has been a victim of sexual assault in Arizona, contact one of these attorneys today.
For immediate crisis support, contact the RAINN National Sexual Assault Hotline at 1-800-656-4673, available 24 hours a day, 7 days a week.