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Should my friend be worried about sex crime charges?

Phoenix, AZ |

My friend was recently reported to the police for sexually touching a girl he was making out with. No charges have been filed yet, but they want to charge him with sexual abuse for grabbing her breast without her consent.

My question is this: is the context irrelevant to a sexual abuse charge? My friend and this girl were aggressively making out when he reached up and put his hand on her breast. She told him to stop and he did. The touching lasted only momentarily. Can't my friend claim that he reasonably believed that he had consent given the circumstances? Most people would think that aggressive kissing and petting reasonably imply consent to further sexual touching, and he stopped at the first sign of objection from her.

Attorney Answers 4


  1. If this is illegal then every guy in the US is guilty. Tell your friend not worry too much but tell him to NOT talk about this via text, email, or phone. The police ALWAYS try to get a confession over the phone and they are recording it.

    Attorney David Kephart is an experienced Criminal Defense Trial Attorney and Jury Consultant. He is the recipient of the Arizona Attorneys for Criminal Justice President's Award and the recipient of the International Academy of Trial Lawyers Commendation for Excellence in Trial Advocacy. His response to your question is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship, and does not create a right to continuing email exchanges.


  2. You posted this question previously and received some avvo criminal defense responses. Your friend needs the services of a criminal defense attorney in your area to review the facts and the law in AZ with him. He should not talk with the police without legal counsel present. Remain silent and get a good lawyer ASAP.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


  3. Tell your friend to get an attorney ready. If the police want to talk with him, he can send them to his lawyer. Remind him of his right to remain silent and tell him to do it. I would also advise him that maybe he should leave that girl alone and be even more careful next time.


  4. Is the girl over the age of 18? If not, then he is in trouble.

    She probably did not give the same version to the police that your friend gave to you. If it really happened the way you described, then it sounds like this woman has a mental or personality disorder. It is more likely that she felt there was a clear line that was crossed and that it was serious enough to go to the authorities with.

    Is this a real question? It really sounds made up to me. Maybe you are a law student and this is on your take-home exam.

    NONE OF THE INFORMATION PROVIDED HERE IS MEANT AS, NOR INTENDED AS LEGAL ADVICE. THE LAW IS CONSTANTLY CHANGING AND INFORMATION DISCUSSED IN THIS BLOG CAN BECOME OUT-DATED WITH THE PASSAGE OF TIME. IF YOU HAVE A LEGAL ISSUE AND NEED LEGAL ADVICE, CALL 623-936-1901 FOR A CONFIDENTIAL LEGAL CONSULTATION WITH AN ATTORNEY.

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