PETITION TO STRENGTHEN ARIZONA LAW PROTECTING CHILDREN FROM SEXUAL CONTACT CAUSED BY ADULTS

We, the undersigned, ask the Arizona Legislature to strengthen Arizona’s child sexual abuse laws so that there is no ambiguity when an adult intentionally causes, encourages, directs, manipulates, grooms, or permits a young child to engage in sexual contact with the adult.

Arizona law recognizes sexual contact that is caused by another person. However, the law should state in unmistakable terms that a child is the victim when an adult intentionally causes or encourages the child to touch the adult’s genitals, anus, or female breast in conduct that constitutes sexual contact under Arizona law.

A child should not receive less protection simply because the adult caused the child’s hand or body to make the contact.

WE PETITION THE ARIZONA LEGISLATURE TO:

Amend A.R.S. §§ 13-1401, 13-1404 and 13-1410 as necessary to expressly provide that:

1. Child-to-adult sexual contact is covered.

When an adult intentionally or knowingly causes, directs, encourages, instructs, manipulates, coerces, or grooms a minor to touch, fondle, or manipulate the adult’s genitals, anus, or female breast in a manner constituting sexual contact, the minor shall be treated as the victim of that sexual contact.

2. The direction of the touching does not determine who the victim is.

It shall not be a defense that the minor’s body touched the adult’s body rather than the adult physically touching the minor.

3. Apparent participation by a young child does not transfer responsibility to the child.

An adult may not avoid criminal responsibility solely because a child appeared willing to participate, initiated the physical movement, laughed, complied with instructions, had previously been exposed to similar conduct, or did not verbally object.

The conduct and responsibility of the adult must remain the focus.

4. Grooming and conditioning may be considered.

The law should expressly recognize that an adult may cause a child to participate in sexual contact through grooming, normalization, desensitization, manipulation, repeated exposure to nudity or sexual behavior, instruction, encouragement, or other conduct intended to overcome or prevent the development of appropriate sexual boundaries.

5. Recording the conduct should increase accountability.

When an adult intentionally records, photographs, transmits, distributes, or electronically shares conduct involving a minor and sexual contact, exposure, or exploitation, Arizona law should clearly provide appropriate additional criminal liability when the elements of Arizona’s sexual exploitation or other applicable offenses are established.

WHY THIS CHANGE IS NEEDED

Very young children depend entirely on adults to establish and protect appropriate boundaries.

A child who has been groomed or repeatedly exposed to inappropriate sexual behavior may participate without understanding the sexual nature or significance of what the adult has caused the child to do.

The law should not allow the direction of a child’s hand, the child’s apparent willingness, or an adult’s decision to make the child perform the touching to create uncertainty about who was victimized.

An adult who intentionally involves a child in sexual contact is responsible for that conduct. The child is the victim.

We ask Arizona lawmakers to make that protection unmistakably clear in Arizona law.