The Justice Be Done - Badge
Badge
Seal of the Supreme Court of the United States - Badge
The National Trial Lawyers / Top 100 Trial Lawyers - Badge
Nationally Ranked Superior DUI Attorney 2014 - Badge
JUSTIA 10 - Badge
State Bar of Arizona - Badge
Lead Counsel Rated - Badge
National Association of Criminal Defense Lawyers NACDL Member - Badge
Avvo Client's Choice Award 2017 / DUI 2017 - Badge
National College for DUI Defense / General Member - Badge

Arizona Defendant Unsuccessfully Seeks Reversal of Conviction for Sexual Assault

Law Office of James Novak

In a recent case before the Arizona Court of Appeals, the defendant asked the court to reconsider his guilty convictions for kidnapping and sexual assault. The original charges were based on an incident during which the defendant allegedly held his ex-girlfriend against her will and tried to sexually assault her. Claiming his innocence, the defendant went to trial, and a jury found him guilty. On appeal, the defendant argued that the trial court should have let him introduce evidence of his ex-girlfriend’s previous false accusation of rape against his brother. Ultimately agreeing with the trial court’s decision, the court of appeals denied the defendant’s appeal.

Facts of the Case

According to the opinion, the defendant’s ex-girlfriend was dating his brother, and the group of acquaintances all attended the same gathering one evening. The defendant was intoxicated, and he allegedly came and found his ex-girlfriend while she was asleep in one of the spare bedrooms. At that point, according to the ex-girlfriend, the defendant pushed himself on top of her, bruised her body, and tried to sexually assault her.

The woman managed to jump off the bed and run away. She raced to a neighbor’s house and asked them to call 911. Police officers quickly arrived and found the defendant hiding behind his car. They arrested him, and he was criminally charged.

The Decision

On appeal, the defendant argued that the trial court should have allowed him to introduce evidence of his ex-girlfriend’s past false rape accusation. Apparently, said the defendant, she had at one point accused his brother (her current significant other) of rape without any support or reason to believe he had actually raped her. This, said the defendant, showed a pattern of false accusations. The trial court was wrong to prohibit him from introducing this evidence at trial.

The higher court looked at the evidence and ultimately disagreed with the defendant. The ex-girlfriend’s previous statement claiming rape was: “I have been raped.” These words, said the court, were vague, and they didn’t specifically allege that the defendant’s brother had raped her. Thus, there was not enough evidence on the record to determine if she had a pattern of false rape accusations, and the trial court was correct to exclude the statement from the admissible evidence.

With that, the court denied the appeal, and the defendant’s conviction stayed in place.

Are You Looking for Legal Representation in Arizona?

At the Law Office of James E. Novak, we put your needs first and do everything we can to get your criminal charges dropped when you come to us for help. Our Arizona criminal defense firm has been operating for almost two decades, and our clients have told us time and time again how much our trustworthiness and attention to detail have gotten them the results they’ve needed. For a free and confidential consultation regarding your criminal charges, give our office a call today at (480) 413-1499. You can also fill out our online form to tell us about your case.

Arizona Criminal Defense Attorney Blog

Arizona Court’s Opinion Reinforces Case Law Dictating Trial Court Jurisdiction Over Defendants Over Eighteen Years of Age In a recent opinion published by the Arizona Court of Appeals, Division One, the court vacated a trial court’s dismissal of an assault indictment...

Recent Arizona Court Opinion Highlights Reality that Multiple Offenses Means Harsher Sentences In Arizona, if a defendant with prior convictions is found guilty of a crime, that defendant will face a harsher sentence than if he or she had no...

“Motive” as a Reason to Admit Otherwise Inadmissible Evidence at Trial When can an Arizona court admit evidence regarding a previous, seemingly unrelated offense during criminal proceedings? The answer is tricky, as...

Contact Us

  1. 1 Free Initial Consultation
  2. 2 Available 24/7
  3. 3 Former Prosecutor

Fill out the contact form or call us at (480) 413-1499 to schedule your free consultation.

Leave Us a Message