Articles Posted in Sex Crimes

Recently, a state appellate court issued an opinion in an Arizona sex offense case involving the defendant’s motion to suppress statements that he made to police after his arrest. The defendant claimed that his statements must be suppressed because they were taken without police having provided him with his Miranda warnings, as required by the United States and Arizona constitutions. Ultimately, the court concluded that police did not violate the defendant’s constitutional rights in taking the statement, and affirmed the defendant’s conviction.

The Facts of the Case

According to the court’s opinion, the defendant lived with his girlfriend, as well as her daughter, the complaining witness, between 2004 and 2007. During this time, the defendant’s girlfriend’s daughter was between the ages of three and six. In 2014, the young girl disclosed to her grandmother that the defendant had sexual contact with her several times back when they lived in the same home.

After the grandmother contacted the police, two officers went to the defendant’s workplace to talk with him. The officers asked to speak with the defendant, who did not verbally respond, but followed the officers to a room where they interviewed him. One of the officers told the defendant he was not under arrest, and began to question him.

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Earlier this year, a state appellate court issued a written opinion in an Arizona sex offense case discussing whether the defendant was properly ordered to register as a sex offender after he was convicted by a jury. The case involves the guarantees of the Sixth Amendment right to a jury trial in criminal cases.

A Little Background into the Sixth Amendment

The Sixth Amendment of the United States Constitution provides, among other rights, that “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.” This right to a trial by jury has been expanded over the years. For example, in the case, Apprendi v. New Jersey, the U.S. Supreme Court held that any fact that increases the punishment a defendant may face must be found beyond a reasonable doubt by the jury.

The Facts of the Case

In the recent opinion issued by the Arizona Supreme Court, the defendant was convicted of a sexual offense. At trial, the jury determined that the victim was “fifteen or more years of age.” However, the jury did not formally make a specific finding as to the victim’s exact age.

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