PHOENIX SEXUAL ASSAULT ATTORNEYS

Types of Sexual Abuse

Sexual abuse includes any act of a sexual nature committed without clear, voluntary consent. It can involve physical contact or non-physical behaviors that violate a person’s privacy, safety, or bodily autonomy.

According to the National Institute of Justice, common forms of sexual abuse include:

• Unwanted sexual touching or groping
• Coercive sexual acts, even without physical force
• Invasive or inappropriate exposure
• Pressuring someone into sexual activity
• Filming or sharing private images without permission
• Watching or recording someone in private without their knowledge
• Using a position of power to manipulate or control someone sexually
• Acts committed against individuals who are unconscious, intoxicated, or legally unable to consent
  
  

These actions are serious violations, regardless of whether threats or weapons are used. In civil cases, survivors can seek justice by holding both the individual and any enabling institution accountable.

Recognizing the Signs of Sexual Abuse

Survivors may not always speak out, especially in institutional environments. Some red flags to look for include:

• Sudden fear or avoidance of certain staff or locations
• Unexplained injuries or signs of trauma
• Withdrawal, depression, or unusual changes in behavior
• Reports of inappropriate contact or remarks
• Delayed disclosure, often after a change in care or staff

If something feels wrong, trust your instincts. Speaking to an attorney can help clarify your options.

Understanding Sexual Abuse Cases in Arizona

Nationally, an American is sexually assaulted every 68 seconds, and about one in six women and one in 33 men will experience an attempted or completed rape in their lifetime. Child sexual abuse affects roughly one in nine girls and one in 20 boys before age 18.

In Arizona, 41.3 percent of women and 19.9 percent of men report experiencing some form of sexual violence during their lives. As of February 2, 2024, there are over 10,000 registered sex offenders in the state, underscoring the prevalence of risk in communities large and small.

Arizona law (A.R.S. § 13-1401 et seq.) defines and criminalizes various forms of sexual misconduct. But beyond criminal prosecution, survivors may also bring civil claims to seek justice and compensation for what they’ve endured.

The Arizona Department of Health Services and allied agencies investigate sexual violence complaints and fund community-based support services, such as medical accompaniment, counseling, and support groups, to help survivors pursue healing and hold offenders accountable.

Understanding Arizona Sexual Abuse Claims

In Arizona, survivors of sexual abuse can file a civil claim to hold both individuals and institutions legally accountable.

To succeed, the claim must demonstrate that the defendant’s actions or failure to act directly caused the harm.

This may involve direct abuse by a perpetrator, negligent supervision by employers or guardians, or violations of Arizona’s mandatory reporting laws when known abuse was ignored.

Building a strong case requires detailed evidence, including medical records, expert opinions, and witness testimony. These civil claims not only provide a path to compensation but also serve as a powerful tool for exposing systemic failures and preventing future abuse.

For more on Arizona’s civil process for abuse claims, visit the Arizona Judicial Branch’s civil law page.

Legal Protections for Sexual Assault Survivors in Arizona

Arizona law provides multiple legal paths for survivors of sexual abuse to seek justice, safety, and compensation. These protections apply whether the abuse was committed by an individual or allowed to happen within an institution.

Legal options include:

Criminal Proceedings – Under Arizona Revised Statutes Title 13, Chapter 14, offenders can face felony charges, prison time, and mandatory sex offender registration. Criminal courts may also order restitution for counseling, medical bills, and lost income.

Protective Orders – Survivors may file for Emergency Orders of Protection to receive immediate, ex parte relief. These can bar the abuser from coming near the survivor’s home, workplace, or school, often within hours of filing. For longer-term safety, courts can issue Preliminary Injunctions after a hearing, which may remain in effect for months or even years.

Victims’ Rights (Marsy’s Law) – Arizona’s Victims’ Bill of Rights ensures survivors are notified of hearings, allowed to speak in court, and entitled to restitution for expenses related to the abuse.

Civil Lawsuits for Compensation – Survivors can file civil claims against the abuser and any institution that enabled the abuse. Compensation may cover medical care, therapy, lost wages, emotional distress, and in severe cases, punitive damages meant to punish and deter.

Extended Filing Time – In certain cases, Arizona allows extended time to file a civil claim due to trauma-related delays in reporting or disclosure. An attorney can help clarify which timeline applies.

These protections are designed to hold wrongdoers accountable, restore a sense of safety, and provide survivors with the financial resources needed to begin rebuilding their lives.

Proving Sexual Abuse Liability in Arizona Courts

To succeed in a civil claim, we must show:

• A duty of care was owed to the survivor
• That duty was breached
• The breach resulted in harm

Miller Kory Rowe attorneys are experienced in uncovering patterns of abuse, exposing systemic failures, and demonstrating how institutions enabled the harm. We prepare each case as if it will go to trial, even if settlement becomes the best resolution.

What to Expect In Arizona Sexual Abuse Cases

We understand how sensitive these cases are. Our process is survivor-centered and designed to provide both clarity and control: