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Appellate Highlights
Appellate Highlights Caveat – Any of the Court of Appeals cases listed may currently be on review pending reconsideration. Dinsmoor v. City of Phoenix and Deer Valley USD 1 CA-CV 19-0045 (6/30/20) A high school student shot and killed his classmate and then himself off campus. The classmate had previously reported threats to the school […]
Arizona’s New Law – Childhood Sexual Abuse
Under Arizona’s new childhood sexual abuse law, even victims who are more than 30-years old may file a lawsuit BUT ONLY THROUGH DECEMBER 31, 2020!
In Arizona, prior to May 2019, the statute of limitations for childhood sexual abuse was generally limited to two years from the child’s 18th birthday. In other words, an abused minor had until the age of 20 to file a lawsuit against the sexual predator or organization that employed or enabled the sexual predator.
Because many victims of child sexual abuse are not only traumatized physically but emotionally, these lawsuits often do not get filed within the first two years of adulthood. So, many victims lost out on the opportunity to obtain justice or to hold the abuser accountable.
This changed in May of 2019. ARS 12-514 allows a victim “twelve years after reaching eighteen years of age” to file a lawsuit, i.e., until their 30th birthday.
In addition, Arizona Governor Ducey signed into law a provision that also enables people OLDER than 30 years to file a lawsuit for their childhood sexual abuse. HOWEVER, THE TIME WINDOW FOR SUCH A LAWSUIT IS ONLY THROUGH DECEMBER 31, 2020!
Basically, the Arizona Legislature recognized that there are many victims who are now more than 30-years old who may have cases against their abusers or the enabling organizations which ignored, and in some cases hid, the abuse. So, Arizona has briefly re-opened the courthouse doors for these victims to file lawsuits and seek justice. However, as mentioned above, this is set to expire on December 31, 2020. If you were a victim of sexual abuse as a child and are over 30-years old, please contact our office (480) 874-2918 as soon as possible to ensure that your rights can be protected before the December 31, 2020 deadline.
Study Suggests Arizona More Lenient on Potential Sex Offenders
An alarming new study indicates that the crime of soliciting sex from a minor in Arizona carries a shorter sentence than other serious offenses. A study conducted by the anti-sex trafficking group Shared Hope International and Arizona State University is raising some important questions about existing legislation.
Soliciting sex to minors in Arizona is a heinous crime, punishable by up to 24 years behind bars. Yet, a conviction may result in a light sentence of three months, far below the maximum penalties.
The report highlights Arizona as being considerably less harsh on individuals soliciting sex from children compared to the national average. The average amount of time an offender is jailed in Phoenix is 90 days – areas like D.C. & Baltimore mandate 180 days.
Somewhat contradicting the findings, the study also indicates the average time served in Phoenix is significantly higher than the rest of the country. Phoenix convictions mandate 4.7 years as compared to 1.3 in areas like D.C. & Baltimore. On the opposite end of the spectrum, Portland & Seattle mandate 86.3 days spent in jail for convicted offenders.
Although no individuals studied were convicted of sex-trafficking, the study suggests there is judicial leniency regarding the very crime fueling its market. Representatives behind the Shared Hope International group suggest these offenders are not facing the full letter of the law.
The research was the first of its kind – focusing solely on criminal outcomes for the demand regarding sex trafficking. Researchers compiled figures pulled from “johns” arrested for soliciting sex and undercover cops involved in sting operations.
Some critics suggest the research is flawed, statistics pulled from an extremely limited sample size – many individuals involved in the study did not actually sexually abuse a minor. Policy makers report they’re open to a dialogue founded on sufficient data that more accurately reflects the trend.
Original story reported by AZ Central.
Mesa Officer Turns Self In for Assault and Molestation Charges
Whether you are a fan of them or not, police officers serve a valid purpose in society. They not only help arrest criminals and prevent crimes from even being committed, but they should also instill a sense of peace into the hearts of the average citizen.
What happens when the ones we are supposed to be able to trust to keep us safe end up being the ones that hurt us?
Such a situation happened a year ago, when a Mesa police officer was placed on administrative leave after it was reported that he sexually assaulted 2 women and molested a child who were under his watch. According to authorities, the assaults took place during searches while the individuals were detained.
During the year since his administrative leave, investigators have been looking into his case and gathering evidence. A grand jury indicted him for the charges just this past Thursday.
He turned himself in to Mesa police and was taken into custody. According to County Attorney Bill Montgomery, “the alleged conduct of this defendant is not representative of the high degree of professionalism and integrity with which the Mesa Police Department carries out its duties.” Montgomery went on to talk about his office’s role in the prosecution of the police officer, saying they “will not hesitate to prosecute sworn peace officers when sufficient evidence exists to support charges of criminal conduct. Those we entrust with enforcing the law will be equally held to account when they violate it.”
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Scottsdale, Arizona 85260
Telephone (480) 874-2918
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The Arizona personal injury, accident, and insurance bad faith dispute lawyers at the Law Offices of Shane L. Harward PLC represent insurance, personal injury and accident victims throughout the state of Arizona (AZ) including, but not limited to, Phoenix, Scottsdale, Mesa, Tempe, Chandler, Glendale, Gilbert, Sun West, Sun City, Tucson, Flagstaff, Kingman, Bullhead City, Yuma, Lake Havasu, Fountain Hills, Anthem, Ahwatukee, Carefree, Cave Creek, Gold Canyon, Bisbee, Sierra Vista, Cochise, Paradise Valley, East Valley, Maricopa, Pima, Pinal, Gila, White Mountain, Heber, Payson, Prescott, Forest Lakes, Apache Junction, Avondale, Queen Creek, Benson, Black Canyon City, New River, Buckeye, Casa Grande, Coolidge, Cottonwood, Douglas, Florence, Gila Bend, Goodyear, Greer, Glendale, Lakeside, Guadalupe, Holbrook, Huachuca City, Oro Valley, Overgaard, Avra Valley, Parker, Peoria, Pinetop, Pine, Prescott Valley, Quartzite, Strawberry, Safford, Show Low, Sun City West, Sun Lakes, Superior, Surprise, Snowflake, Tombstone, Wickenburg, Winslow, Wilcox, Williams, Young, Youngtown, and surrounding areas.