Arizona Criminal Justice Commission Statistical Analysis Center Publication Our mission is to sustain and enhance the coordination, cohesiveness, productivity and effectiveness of the Criminal Justice System in Arizona The Reporting of Sexual Assault in Arizona, CY 2004-2013 September 2016 Arizona Criminal Justice Commission ARIZONA CRIMINAL JUSTICE COMMISSION Chairperson SEAN DUGGAN, Chief Chandler Police Department Vice-Chairperson SHEILA POLK Yavapai County Attorney JOSEPH ARPAIO Maricopa County Sheriff MARK BRNOVICH Attorney General JOE R. BRUGMAN, Chief Safford Police Department DAVID K. BYERS, Director Administrative Office of the Courts KELLY “KC” CLARK Navajo County Sheriff DAVE COLE Former Judge CHRIS GIBBS, Mayor City of Safford DREW JOHN Graham County Supervisor ELLEN KIRSCHBAUM, Chairperson Board of Executive Clemency BARBARA LAWALL Pima County Attorney FRANK MILSTEAD, Director Department of Public Safety BILL MONTGOMERY Maricopa County Attorney CHARLES RYAN, Director Department of Corrections DAVID SANDERS Pima County Chief Probation Officer DANIEL SHARP, Chief Oro Valley Police Department HESTON SILBERT Law Enforcement Leader VACANT Sheriff ANDREW T. LEFEVRE Executive Director MATTHEW BILESKI, M.A. Statistical Analysis Center Senior Research Analyst Arizona Criminal Justice Commission The Reporting of Sexual Assault in Arizona, CY 2004-2013 Prepared by Matthew Bileski, M.A. Senior Research Analyst The Arizona Criminal Justice Commission would like to thank the Arizona Department of Public Safety for providing the data necessary to perform the analysis presented in this report. This report and all contents of the report are solely the product of the Arizona Criminal Justice Commission. Suggested citation: Bileski, M. (2016). The Reporting of Sexual Assault in Arizona, CY 2004-2013. Arizona Criminal Justice Commission. Phoenix, AZ. The Reporting of Sexual Assault in Arizona, CY 2004-2013 Arizona Criminal Justice Commission TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................... 1 INTRODUCTION ............................................................................................................. 3 Reporting Requirements.................................................................................................. 3 SEXUAL ASSAULT-RELATED ARRESTS, FINDINGS, AND SENTENCING ........................ 4 Trends in Arrests, Filings and Convictions ......................................................................... 4 Arrests and Subsequent Case Disposition Findings............................................................. 5 Sexual Assault-Related Arrestees ..................................................................................... 8 Sexual Assault-Related Sentencing ................................................................................... 8 SEXUAL ASSAULT-RELATED ARRESTS INVOLVING DOMESTIC VIOLENCE .................. 9 Arrests and Convictions ................................................................................................... 9 Conviction Sentencing ....................................................................................................10 FALSE REPORTING OF SEXUAL ASSAULT INVOLVING A SPOUSE ...............................11 DISCUSSION..................................................................................................................11 APPENDIX ......................................................................................................................13 The Reporting of Sexual Assault in Arizona, CY 2004-2013 Arizona Criminal Justice Commission EXECUTIVE SUMMARY Arizona Revised Statute (A.R.S.) §41-2406 requires the Arizona Criminal Justice Commission (ACJC) to compile information obtained from all Arizona disposition reporting forms on sexual assault (A.R.S. §13-1406) and the false reporting of sexual assault involving a spouse (A.R.S. §13-2907.03). The Arizona Department of Public Safety (DPS) provides the ACJC with the criminal history records to meet the reporting requirement. Utilizing DPS arrest and disposition data, the ACJC compiles an annual sexual assault report and provides the report to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Secretary of State, and the Director of the Arizona State Library, Archives and Public Records. Data used to complete this report are extracted by the DPS from the Arizona Computerized Criminal History (ACCH) repository and provided to the ACJC annually. By statute, local law enforcement agencies, prosecutors and the courts are required to submit to the ACCH repository information on all arrests and subsequent case disposition information for felonies, sexual offenses, driving under the influence offenses, and domestic violence-related offenses. This report focuses on arrests made from calendar years (CY) 2004 to 2013. The ACJC is required to report on law enforcement reporting, charges, and subsequent case disposition findings (e.g., convictions, acquittals, court dismissals) and sentencing of A.R.S. §131406 sexual assault charges and A.R.S. §13-2907.03 false reporting of sexual assault of a spouse charges. In addition to the mandatory sexual assault statutes, data in the report include A.R.S. §13-1423 violent sexual assault arrest and disposition information reported to the ACCH. The following summarizes some of the latest findings in year-over-year change from CY 2004 to CY 2013 for all sexual assault-related1 arrest and disposition information available in the ACCH:  From CY 2004 to 2013, 2,969 arrests including sexual assault-related charges were recorded in the ACCH. Sexual assault-related charges were filed or amended for 1,788 of 2,986 arrests over the ten-year period (17 arrests for other offense charges resulted in sexual assault-related charges amended by the prosecutor). A total of 827 arrests concluded with sexual assault-related convictions, and an additional 795 arrests ended with convictions for other offenses only.  From CY 2012 to 2013, 589 arrests resulted in 283 cases with sexual assault-related charges filed or amended. A total of 133 arrests ended with sexual assault-related convictions while 137 arrests concluded with convictions for other offenses.  As of January 2016, 525 of the 2,986 (17.6 percent) sexual assault-related records in the ACCH were missing subsequent case disposition information for all arrest charges. For arrests from CY 2012 to 2013, 172 of the 589 (29.2 percent) sexual assault-related records were missing disposition information for all arrest charges.  More than three out of every four arrestees for sexual assault-related offenses were white/Caucasian males, and over 62 percent of the arrestees were under the age of 35.  Across both study periods, cases with at least one sexual assault-related conviction (77 percent or greater) were more likely to lead to prison sentencing than cases with other offense convictions (51 percent or below). 1 For the purposes of the report, all references to “sexual assault-related” arrest and disposition information includes charges for sexual assault, sexual assault involving a spouse (formerly A.R.S. §131406.01), and violent sexual assault. The Reporting of Sexual Assault in Arizona, CY 2004-2013 1 Arizona Criminal Justice Commission  From CY 2012 to 2013, 80 arrests with sexual assault-related charges flagged for domestic violence were recorded in the ACCH, and 17 arrests concluded with sexual assault-related convictions while 18 arrests ended with convictions for other offenses. Eleven of the 17 sexual assault-related conviction cases resulted in prison sentencing. A total of 24 arrests had no disposition information attached to charges in the ACCH. False reporting of a sexual assault involving a spouse has been a statute-specific crime in Arizona’s criminal code since 2005. Only one (CY 2010) arrest charge of false reporting of sexual assault involving a spouse was reported to the ACCH repository during the ten-year period. No subsequent case disposition information was provided for this particular charge. In August 2005, the sexual assault involving a spouse statute (specifically A.R.S. §13-1406.01) was repealed from the state statutes by Senate Bill 1040. As a result, the ACJC no longer receives data that meet the A.R.S. §41-2406.C reporting requirement for identifying sexual assault charges involving a spouse. The ACJC is also unable to report whether the victim and the offender were estranged at the time of the offense. Except for a general indication of domestic violence, there is no field on the disposition reporting form that describes the victim/offender relationship and the status of the relationship. Nonetheless, the ACJC has elected to include arrest and disposition information for the subset of sexual assault-related charges flagged for domestic violence. While the ACCH repository is a valuable tool for understanding arrest and disposition findings across the state, approximately 18 percent of sexual assault-related arrests from CY 2004 to 2013 were missing subsequent case disposition information for all charges as of January 2016. Until charges are disposed and entered into the ACCH in a timely manner, the quality of criminal history record information for sexual assault research must be taken into account. The Reporting of Sexual Assault in Arizona, CY 2004-2013 2 Arizona Criminal Justice Commission INTRODUCTION Arizona Revised Statute (A.R.S.) §41-2406 mandates that the Arizona Criminal Justice Commission (ACJC) report the number of police reports, charges, convictions, and sentences obtained from disposition forms submitted to the Arizona Department of Public Safety (DPS) by Arizona criminal justice agencies for sexual assault (A.R.S. §13-1406) and false reporting of sexual assault involving a spouse (A.R.S. §13-2907.03). In addition, A.R.S. §41-2406 requires that the report further specify the number of charges where the spousal relationship between the victim and the offender was “estranged.” The ACJC submits the annual sexual assault report to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Secretary of State, and the Director of the Arizona State Library, Archives, and Public Records. The information in this report includes: 1) the number of reported offenses to law enforcement; 2) the number of arrests; 3) the number of arrests leading to charges filed; 4) the charge outcomes including the number of convictions obtained; and 5) the types of sentences resulting from these convictions. In 2005, the A.R.S. §13-1406.01 sexual assault involving a spouse statute was repealed, and the victim/offender relationship is not identifiable in the criminal history records compiled and maintained at the DPS. Thus, charges for sexual assault, violent sexual assault, and former charges for sexual assault involving a spouse have been combined into a single “sexual assault-related” category. Reporting Requirements A.R.S. §41-2406.A requires DPS to provide to ACJC “each applicable disposition reporting form relating to sexual assaults pursuant to A.R.S. §13-1406 and false reporting of sexual assault pursuant to section §13-2907.03…” In turn, A.R.S. §41-2406.B (1-4) requires the ACJC to, “…maintain the following records regarding sexual assaults pursuant to section §131406 and false reporting of sexual assault pursuant to section §13-2907.03 that are submitted to the Commission by the Department of Public Safety: 1) The number of police reports that are filed; 2) The number of charges that are filed and what charges are filed; 3) The number of convictions that are obtained; and 4) The sentences that are imposed for each conviction.” A.R.S. §41-2406.C goes on to state that: “…the records shall identify the total number of police reports, charges, convictions and sentences for all sexual assaults and the number of police reports, charges, convictions and sentences for those sexual assaults that involved a spouse. For those sexual assaults that involved a spouse, the report shall identify whether the victim and the victim’s spouse were estranged. The records shall also identify the total number of police reports, charges, convictions and sentences for all false reports that relate to sexual assault of a spouse pursuant to section §13-2907.03.” Data used to compile this report were extracted from the Arizona Computerized Criminal History (ACCH) repository by the DPS and provided to ACJC researchers. The information in the ACCH consists of arrest and disposition information submitted by law enforcement, prosecutor, and court agencies across Arizona from CY 2004 to 2013. Limitations in the timeliness and The Reporting of Sexual Assault in Arizona, CY 2004-2013 3 Arizona Criminal Justice Commission completeness of records in the ACCH repository present obstacles to the reporting of criminal justice system activity in Arizona and should be considered when interpreting data in this report. Arrest charges are only entered into the ACCH when fingerprints are taken properly and cited or summoned defendants are booked prior to sentencing. Also, prosecuting agencies and/or the courts may not effectively close out a criminal history record in the ACCH if a final disposition form was not submitted to the DPS in a timely manner or the reporting form was rejected by the DPS due to entry errors. For this reason, researchers will calculate the completeness of sexual assault-related arrests in the ACCH by January 2016. SEXUAL ASSAULT-RELATED ARRESTS, FINDINGS, AND SENTENCING Data provided to the ACJC were extracted from the ACCH in January 2016, giving all CY 2013 and prior arrest charges a case processing time of at least 24 months from the arrest date. The report summarizes the sexual assault-related arrest and disposition data in the ACCH for arrests processed from CY 2004 to 2013. Trends in Arrests, Filings and Convictions According to the ACCH data, 2,969 arrests took place from CY 2004 to 2013 that included at least one sexual assault-related charge (see Table 1). An additional 17 arrests occurred during this period that had charges later amended to sexual assault-related charges by the prosecutor. In all, a total of 2,986 records in the ACCH included sexual assault-related charges at arrest or at the final disposition of the case. The total number of sexual assault-related records decreased by 12.2 percent from 312 in CY 2004 to 274 reported in CY 2013. Sexual Assault Reported to Police The FBI expanded its definition of rape beginning in CY 2013, and the definition is now more consistent with Arizona’s statutory definition of sexual assault. The FBI’s latest rape definition includes male victimization, oral and anal penetration, and incidents not involving force. Each of these additions have been part of Arizona’s definition of sexual assault for many years. According to the 2013 FBI Uniform Crime Reporting, the number of rapes reported to law enforcement in Arizona totaled 3,050 in CY 2013. Over the ten-year period, charges were filed for 2,045 of the total 2,986 sexual assault-related records (see Table 1). Records with filings by the prosecutor reached a high of 253 in CY 2009 before decreasing to 147 in CY 2013. While a large number of the sexual assault-related records resulted in sexual assault-related filings, many records included filings on over 7,100 other offense charges. A list of other charge filings by statute is available in the Appendix section of the report. According to Table 1, a total of 1,622 sexual assault-related records led to convictions from CY 2004 to 2013. The total 1,622 conviction cases were closely split with 827 cases involving at least one sexual assault-related conviction and the remaining 795 cases involving convictions for other offenses only. Similar to filings, records with convictions reached a high of 200 in CY 2009 but fell to a low of 115 in CY 2013. It should be noted that a percentage of records were missing disposition information for all arrest charges associated with the records. Missing disposition information is more prevalent during the most recent years, likely due to the reduced timeframes for case completion. This phenomenon The Reporting of Sexual Assault in Arizona, CY 2004-2013 4 Arizona Criminal Justice Commission is evident in Table 1 with 17.6 percent of sexual assault-related records missing subsequent case disposition information in the ACCH repository. The percentage is highest in CY 2013 at 34.3 percent. As a result, one should expect to see lower totals for records with charges filed and records leading to convictions in CY 2013. Table 1. Arrest and Conviction Information for Sexual Assault-Related Records* Available in the ACCH, CY 2004-2013 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Total Sexual Assault-Related Records 312 339 299 275 281 329 286 276 315 274 2,986 Sexual Assault-Related Arrests Other Offense Arrests 310 2 335 4 298 1 272 3 280 1 328 1 286 0 274 2 313 2 273 1 2,969 17 Records Leading to Charges Filed 202 232 214 219 195 253 216 183 184 147 2,045 Records Leading to Convictions 151 181 152 184 159 200 188 137 155 115 1,622 73 78 103 78 72 80 92 92 79 80 108 92 100 88 67 70 81 74 52 63 827 795 24.0% 15.6% 14.0% 6.2% 14.9% 10.3% 12.6% 19.6% 24.8% 34.3% 17.6% Sexual Assault-Related Other Offense Only Percent of Records Missing All Disposition Information * A record is defined as a unique arrest event, including any subsequent case disposition information resulting from the arrest charges. Arrests and Subsequent Case Disposition Findings As previously mentioned, 2,969 sexual assault-related arrests were made throughout Arizona from CY 2004 to 2013 (see Figure 1). In addition to these arrests, 17 arrests for other offense charges were later amended to sexual assault-related charges by prosecutors. A total of 1,788 arrests resulted in sexual assault-related charges filed or arrest charges amended by the prosecutor across the ten-year period. No sexual assault-related charges were filed for 585 arrests, and 613 arrests were missing disposition information for all sexual assault-related arrest charges. Of the 1,788 arrests with sexual assault-related filings or amended charges, nearly 80 percent led to convictions. A total of 827 resulted in convictions for sexual assault-related offenses, and 591 led to convictions for other offenses only. Other conviction offenses included, but were not limited to, homicide, aggravated assault, kidnapping, sexual abuse, sexual conduct with a minor, molestation of a child, burglary, armed robbery, and child or vulnerable adult abuse. The remaining 370 arrests resulted in acquittals (42) and court dismissals (328). Sexual assault-related charges were not filed for 585 arrests made from CY 2004 to 2013 (see Figure 1). A total of 162 led to convictions for other offenses, one resulted in acquittal, 36 led to court dismissals, and no charges were filed or referred for the remaining 386 sexual assaultrelated arrests. Sexual assault-related arrest charges were missing subsequent case disposition information in the ACCH for 613 arrests (see Figure 1). Approximately 14 percent of these arrests led to other offense convictions (42), court dismissals (16), or charges not referred or filed (30). The remaining 525 arrests (85.6 percent) had no case disposition information available for all arrest charges in the ACCH. The Reporting of Sexual Assault in Arizona, CY 2004-2013 5 Arizona Criminal Justice Commission Figure 1. Arrests Leading to Sexual Assault-Related Arrest and/or Disposition Charges, CY 2004-2013 Arrest Disposition Findings 16 42 30 Missing Disposition Findings for All Sexual AssaultRelated Charges 613 (20.5%)* Sexual AssaultRelated Arrests 2,969 Conviction (Other) Court Dismissed (Other) Not Filed/Referred (Other) 525 All Charges Missing Findings Conviction (Other) 162 No Sexual Assault-Related Arrest Charges Filed 585 (19.6%)* Acquittal (Other) 386 Court Dismissed (Other) 36 No Charges Filed/Referred 1 Sexual Assault-Related Charge(s) Filed or Amended by the Prosecutor 1,788 (59.9%) Other Offense Arrests 17 328 Conviction (Sexual Assault)** 42 827 Conviction (Other) Acquittal 591 Court Dismissed * Percentage includes both sexual assault-related and other offense arrests. ** Three sexual assault-related conviction cases were reversed and remanded for re-sentencing. Similar data are displayed in Figure 2 for all arrests leading to sexual assault-related charges from CY 2012 to 2013. Out of 589 arrests leading to sexual assault-related arrest and/or disposition charges, 283 arrests resulted in sexual assault-related charges filed or amended, 117 did not lead to sexual assault-related charges filed, and 189 had missing disposition findings for all sexual assault-related arrest charges. The conviction rates when sexual assault-related charges were filed or amended were consistent across the two-year and the ten-year periods at 82.7 percent and 79.3 percent, respectively (see Figures 1 and 2). Over 56 percent (133) of conviction cases included sexual assault convictions while 101 cases included convictions for other offenses only (see Figure 2). Two arrests resulted in acquittal and 47 arrests were dismissed. The Reporting of Sexual Assault in Arizona, CY 2004-2013 6 Arizona Criminal Justice Commission Figure 2. Arrests Leading to Sexual Assault-Related Arrest and/or Disposition Charges, CY 2012-2013 Arrest 5 Disposition Findings 6 Conviction (Other) Missing Disposition Findings for All Sexual AssaultRelated Charges 189 (32.1%)* Sexual AssaultRelated Arrests 586 Court Dismissed (Other) Not Filed/Referred (Other) 172 All Charges Missing Findings 31 No Sexual Assault-Related Arrest Charges Filed 117 (19.9%)* Sexual Assault-Related Charge(s) Filed or Amended by the Prosecutor 283 (48.0%) 6 Conviction (Other) Court Dismissed (Other) 6 80 2 Other Offense Arrests 3 47 No Charges Filed/Referred Conviction (Sexual Assault) 133 Conviction (Other) Acquittal 101 Court Dismissed * Percentage includes both sexual assault-related and other offense arrests. From CY 2012 to 2013, 117 arrests with no sexual assault-related charges filed ended with 31 case convictions, six court dismissals, and 80 cases with no arrest charges referred or filed (see Figure 2). Arrests with no sexual assault-related charges filed were nearly as likely to result in a conviction for other offenses from CY 2012 to 2013 (26.4 percent) when compared to arrests over the entire ten-year period (27.7 percent) from Figure 1. Arrests from CY 2012 to 2013 were more likely to be missing disposition information for all charges by January 2016. A total of 172 (29.2 percent) of the 589 arrests analyzed in Figure 2 were missing subsequent case disposition information for all arrest charges. Of the arrests with only sexual assault-related arrest charges missing disposition information, five resulted in other offense convictions, six ended in court dismissals, and six had no charges filed or referred. The The Reporting of Sexual Assault in Arizona, CY 2004-2013 7 Arizona Criminal Justice Commission lower disposition completion rate in CY 2012 and 2013 was expected considering most recent arrests had the least amount of time for disposition completion in the ACCH repository. Sexual Assault-Related Arrestees The majority of individuals arrested in Arizona for sexual assault-related offenses over the tenyear period were male and white/Caucasian (see Figure 3). Less than one percent of arrestees were female from CY 2004 to 2013. Approximately three out of every four (76.7 percent) sexual Figure 3. Demographics for Sexual Assault-Related Arrestees*, CY 2004-2013 Gender Race 1.1% 0.9% Age 0.5% 2.3% 6.1% 14.5% 15.6% 31.8% 76.7% 20.6% 99.1% Male Female 30.8% White/Caucasian Black American Indian/Alaskan Native Asian/Pacific Islander Unknown 24 and Under 25-34 35-44 45-59 60 and Older * Individuals arrested multiple times over the ten-year period are only counted once in the data. assault-related arrestees were white/Caucasian, followed by black (15.6 percent), American Indian/Alaskan Natives (6.1 percent), Asian/Pacific Islanders (1.1 percent), and arrestees of “unknown” race (0.5 percent). The largest percentage of arrestees were 24 years of age or younger at 31.8 percent across the ten-year period. Percentages were lower as the arrestees increased with age. Slightly more than 30 percent of arrestees were between the ages of 25 and 34, 20.6 percent were between 35 and 44 years of age, and under 17 percent were 45 or older across the ten-year period. Sexual Assault-Related Sentencing In Table 2, data are provided regarding the highest level of sentencing assigned to convictions stemming from sexual assault-related records in the ACCH during the two- and ten-year periods studied. Prison and jail sentences are identified along with a third category for other sentences. From CY 2004 to 2013, 81.1 percent of arrests leading to at least one sexual assault-related conviction resulted in prison sentences, and over 11 percent were assigned a jail sentence (see Table 2). Arrests leading to other offense convictions were assigned prison sentencing 50.9 percent of the time over the same ten-year period. Jail sentencing was assigned more often at The Reporting of Sexual Assault in Arizona, CY 2004-2013 8 Arizona Criminal Justice Commission Table 2. Highest Level of Sentencing in the ACCH for Convictions Resulting from Arrests Identified in Figures 1 and 2, CY 2004-2013 At Least One Sexual AssaultRelated Conviction 2004-2013 Prison Sentence Jail Sentence Other Sentencing Indicated Total Arrests Leading to Conviction 668 (81.1%) 94 (11.4%) 62 (7.5%) 824* 2012-2013 103 (77.4%) 14 (10.5%) 16 (12.0%) 133 Other Offense Conviction(s) Only 2004-2013 405 (50.9%) 205 (25.8%) 185 (23.3%) 795 2012-2013 65 (47.5%) 38 (27.7%) 34 (24.8%) 137 * Three conviction cases reversed and remanded for re-sentencing were excluded in the calculations. Original sentencing may have been overwritten in the ACCH repository. 25.8 percent for records with other convictions when compared to records with sexual assaultrelated convictions. The remaining percentage of cases were assigned to probation and/or other types of sentencing. Records with sexual assault-related convictions resulted in prison sentencing 77.4 percent of the time from CY 2012 to 2013, and records with other offense convictions led to prison sentencing 47.5 percent of the time over the same period (see Table 2). Also during the two-year period, 10.5 percent of records with sexual assault-related convictions involved a jail sentence, and 27.7 of records with other offense convictions resulted in jail sentences. Overall, records with sexual assault-related convictions are more likely to receive a prison sentence than records with other offense convictions. SEXUAL ASSAULT-RELATED ARRESTS INVOLVING DOMESTIC VIOLENCE In order to better understand the processing of sexual assault cases that occur in the context of a domestic relationship, this section reviews sexual assault-related arrests with charges flagged for domestic violence. Domestic violence is not an official statutory offense; rather, an offender is charged with an eligible domestic violence offense (e.g., sexual assault, aggravated assault, etc.) and the arrest charge is flagged for domestic violence in the ACCH repository. It should be noted that Arizona, like many other states, defines domestic violence in many relationship contexts, including marriage, dating, familial and cohabiting relationships. Arrests and Convictions Sexual assault-related arrests with one or more sexual assault-related arrest charges flagged for domestic violence totaled 80 from CY 2012 to 2013 (see Figure 4). A total of 39 arrests led to sexual assault-related charges filed or amended by the prosecutor, 14 did not lead to sexual assault-related filings, and 27 had missing disposition information for all sexual assault-related charges in the ACCH. When arrests led to sexual assault-related charge filings or amended charges, 31 out of 39 cases resulted in convictions, and a total of 17 conviction cases included sexual assault-related convictions (see Figure 4). Of the 14 arrests with no sexual assault-related charges filed, four The Reporting of Sexual Assault in Arizona, CY 2004-2013 9 Arizona Criminal Justice Commission Figure 4. Arrests with Sexual Assault-Related Charges Flagged for Domestic Violence, CY 2012-2013 Arrest Disposition Findings 1 Court Dismissed (Other) Missing Disposition Findings for All Sexual AssaultRelated Charges 27 (33.8%) Sexual AssaultRelated Arrests 80 2 Not Filed/Referred (Other) All Charges Missing Findings 24 No Sexual Assault-Related Arrest Charges Filed 14 (17.5%) 4 Conviction (Other) No Charges Filed/Referred 10 Sexual Assault-Related Charge(s) Filed or Amended by the Prosecutor 39 (48.8%) 1 7 Conviction (Sexual Assault) 17 Conviction (Other) Acquittal 14 Court Dismissed concluded with convictions for other offenses and ten resulted in no charges filed or referred. A total of 24 sexual assault-related arrests flagged for domestic violence were missing disposition information for all arrest charges in the ACCH. Conviction Sentencing Of the 35 arrests leading to convictions in Figure 4, 17 arrests resulted in at least one sexual assault-related conviction (see Table 3). According to the ACCH, 11 of the 17 cases led to prison sentencing while three were assigned jail sentencing. Three additional cases were assigned other non-incarceration sentencing. The Reporting of Sexual Assault in Arizona, CY 2004-2013 10 Arizona Criminal Justice Commission Table 3. Highest Level of Sentencing for Convictions Resulting from Arrests Identified in Figure 4, CY 2012-2013 Sexual Assault-Related Arrests Flagged for Domestic Violence Resulting in Conviction Findings At Least One Sexual Assault-Related Conviction Other Offense Conviction(s) Only Incarceration Sentencing Prison Sentence Jail Sentence Other Sentence Indicated Total Arrests Leading to Conviction 11 3 3 6 6 6 17 18 The 18 additional records led to convictions for other offenses only (see Table 3). Six conviction cases resulted in prison sentencing, six led to jail sentencing, and the remaining six cases were assigned to other sentencing. FALSE REPORTING OF SEXUAL ASSAULT INVOLVING A SPOUSE In CY 2013, no arrest or disposition charges were reported for false reporting of sexual assault involving a spouse. During CY 2010, there was one arrest with a false reporting of sexual assault involving a spouse charge, and as of January 2016, the charge was missing disposition information in the ACCH. Prior to CY 2010, there were no arrest charges in the ACCH for false reporting of sexual assault involving a spouse. The charge of false reporting of sexual assault involving a spouse (A.R.S. §13-2907.03) is a class one misdemeanor, and A.R.S. §41-1750.A1 does not require these misdemeanor offenses to be entered into the ACCH repository. Therefore, arrest and subsequent case disposition information on false reporting of sexual assault involving a spouse in the ACCH is possibly not an accurate reflection of the total number of false reporting of sexual assault involving a spouse charges that took place during the ten-year reporting period. DISCUSSION According to the data available in the ACCH, Arizona sexual assault-related records (i.e., sexual assault-related arrest and/or disposition finding) totaled 589 from CY 2012 to 2013, of which 274 arrests occurred in CY 2013. From CY 2012 to 2013, 133 of the 589 records resulted in sexual assault-related convictions, and an additional 137 records resulted in convictions for other offenses only. Also during this two-year period, 172 (29.2 percent) sexual assault-related records had no subsequent case disposition information for all arrest charges entered into the ACCH. From CY 2012 to 2013, 80 arrests with sexual assault-related arrest charges flagged for domestic violence were reported to the ACCH. Of the 80 arrests, 39 resulted in sexual assault-related charges filed and 17 sexual assault-related convictions. Eighteen additional arrests led to convictions for other offenses while 24 arrests had no case disposition information for all arrest charges in the ACCH. Records with sexual assault-related convictions were more likely to result in prison sentencing than records with other offense convictions only. Approximately 77 percent of records with sexual The Reporting of Sexual Assault in Arizona, CY 2004-2013 11 Arizona Criminal Justice Commission assault-related convictions led to prison sentencing compared to 47.5 percent for records with convictions for other offenses. The Reporting of Sexual Assault in Arizona, CY 2004-2013 12 Arizona Criminal Justice Commission APPENDIX The Reporting of Sexual Assault in Arizona, CY 2004-2013 13 Arizona Criminal Justice Commission Appendix Table 1. Other Offense Filings by Statute, CY 2004-2013 State Statute A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. A.R.S. §13-1103 §13-1104 §13-1105 §13-1201 §13-1202 §13-1203 §13-1204 §13-1205 §13-1206 §13-1302 §13-1303 §13-1304 §13-1306 §13-1307 §13-1402 §13-1403 §13-1404 §13-1405 §13-1408 §13-1410 §13-1417 §13-1418 §13-1419 §13-1424 §13-1502 §13-1504 §13-1505 §13-1506 §13-1507 §13-1508 §13-1602 §13-1703 §13-1704 §13-1802 §13-1803 §13-1804 §13-1805 §13-1813 §13-1814 §13-1902 §13-1903 §13-1904 §13-2002 §13-2008 §13-2102 §13-2105 §13-2307 §13-2308 §13-2310 §13-2312 §13-2316 §13-2317 §13-2319 §13-2321 §13-2409 §13-2411 §13-2503 §13-2504 §13-2505 §13-2506 Statute Literal Total Manslaughter Second Degree Murder First Degree Murder Endangerment Threatening or Intimidating Assault Aggravated Assault Unlawfully Administering Intoxicating Liquors, Narcotic Drug or Dangerous Drug Dangerous or Deadly Assault by Prisoner or Juvenile Custodial Interference Unlawful Imprisonment Kidnapping Unlawfully Obtaining Labor or Services Sex Trafficking Indecent Exposure Public Sexual Indecency Sexual Abuse Sexual Conduct with a Minor Adultery Molestation of a Child Continuous Sexual Abuse of a Child Sexual Misconduct, Behavioral Health Professionals Unlawful Sexual Conduct, Correctional Facilities Voyeurism Criminal Trespass in the Third Degree Criminal Trespass in the First Degree Possession of Burglary Tools Burglary in the Third Degree Burglary in the Second Degree Burglary in the First Degree Criminal Damage Arson of a Structure or Property Arson of an Occupied Structure Theft Unlawful Use of Means of Transportation Theft by Extortion Shoplifting Unlawful Failure to Return a Motor Vehicle Subject to a Security Interest Theft of Means of Transportation Robbery Aggravated Robbery Armed Robbery Forgery Taking Identity of Another Person or Entity Theft of a Credit Card or Obtaining a Credit Card by Fraudulent Means Fraudulent Use of a Credit Card Trafficking in Stolen Property Participating in or Assisting a Criminal Syndicate Fraudulent Schemes and Artifices Illegal Control of/Conducting an Enterprise Computer Tampering Money Laundering Smuggling Participating in or Assisting a Criminal Street Gang Obstructing Criminal Investigations or Prosecutions Impersonating a Peace Officer Escape in the Second Degree Escape in the First Degree Promoting Prison Contraband Failure to Appear in the Second Degree The Reporting of Sexual Assault in Arizona, CY 2004-2013 1 11 58 16 55 245 940 2 4 2 67 1,435 1 3 67 80 968 958 2 373 20 1 2 18 1 39 2 28 198 102 44 2 3 31 9 51 2 1 28 48 16 219 23 9 5 3 1 8 2 8 4 1 15 1 3 10 10 2 1 24 14 Arizona Criminal Justice Commission A.R.S. §13-2508 A.R.S. §13-2511 A.R.S. §13-2512 A.R.S. §13-2702 A.R.S. §13-2802 A.R.S. §13-2804 A.R.S. §13-2809 A.R.S. §13-2810 A.R.S. §13-2904 A.R.S. §13-2907 A.R.S. §13-2907.01 A.R.S. §13-2910 A.R.S. §13-2915 A.R.S. §13-2921 A.R.S. §13-2921.01 A.R.S. §13-2923 A.R.S. §13-3019 A.R.S. §13-3102 A.R.S. §13-3107 A.R.S. §13-3201 A.R.S. §13-3204 A.R.S. §13-3208 A.R.S. §13-3209 A.R.S. §13-3210 A.R.S. §13-3212 A.R.S. §13-3214 A.R.S. §13-3403 A.R.S. §13-3404 A.R.S. §13-3405 A.R.S. §13-3406 A.R.S. §13-3407 A.R.S. §13-3408 A.R.S. §13-3409 A.R.S. §13-3415 A.R.S. §13-3417 A.R.S. §13-3506 A.R.S. §13-3506.01 A.R.S. §13-3552 A.R.S. §13-3553 A.R.S. §13-3554 A.R.S. §13-3601.02 A.R.S. §13-3606 A.R.S. §13-3608 A.R.S. §13-3613 A.R.S. §13-3623 A.R.S. §13-3725 A.R.S. §13-3821 A.R.S. §13-3822 A.R.S. §13-3824 A.R.S. §13-3904 A.R.S. §13-4702 A.R.S. §28-1381 A.R.S. §28-1382 A.R.S. §28-1383 A.R.S. §28-1595 A.R.S. §28-2531 A.R.S. §28-3473 A.R.S. §28-622.01 A.R.S. §32-1364 A.R.S. §4-241 A.R.S. §4-244 A.R.S. §4-251 Total Filings Resisting Arrest Hindering Prosecution in the Second Degree Hindering Prosecution in the First Degree Perjury Influencing a Witness Tampering with a Witness Tampering with Physical Evidence Interfering with Judicial Proceedings Disorderly Conduct False Reporting False Reporting to Law Enforcement Agencies Cruelty to Animals; Interference with Working or Service Animal Preventing Use of Telephone in Emergency Harassment Aggravated Harassment Stalking Surreptitious Photographing, Videotaping, Filming or Digitally Recording or Viewing Misconduct Involving Weapons Unlawful Discharge of Firearms Enticement of Persons for Purpose of Prostitution Receiving Earnings of Prostitute Keeping or Residing in House of Prostitution Pandering Transporting Persons for Purpose of Prostitution or Other Immoral Purpose Child Prostitution Prostitution Possession and Sale of a Vapor-Releasing Substance Containing a Toxic Substance Sale of Precursor or Regulated Chemicals Possession, Use, Production, Sale or Transportation of Marijuana Possession, Use, Administration, Acquisition, Sale, Manufacture or Transportation of Prescription-Only Drugs Possession, Use, Administration, Acquisition, Sale, Manufacture or Transportation of Dangerous Drugs Possession, Use, Administration, Acquisition, Sale, Manufacture or Transportation of Narcotic Drugs Involving or Using Minors in Drug Offenses Possession, Manufacture, Delivery and Advertisement of Drug Paraphernalia Use of Wire Communication or Electronic Communication in Drug Related Transactions Furnishing Harmful Items to Minors Furnishing Harmful Items to Minors Commercial Sexual Exploitation of a Minor Sexual Exploitation of a Minor Luring a Minor for Sexual Exploitation Aggravated Domestic Violence Bigamy Incest Contributing to Delinquency and Dependency Child or Vulnerable Adult Abuse Interference with Monitoring Devices Sex Offender Registration Violation Notice of Moving from Place of Residence or Change of Name or Electronic Information Sex Offender Registration Violation Violation of Promise to Appear Conducting a Chop Shop Driving or Actual Physical Control while Under the Influence Driving or Actual Physical Control while Under the Extreme Influence of Intoxicating Liquor Aggravated Driving or Actual Physical Control while Under the Influence Failure to Stop or Provide Driver License or Evidence of Identity Registration Violation Driving Violations Unlawful Flight from Pursuing Law Enforcement Vehicle Crimes Against the Dead Selling or Giving Liquor to Underage Person Liquor Law Violations Spirituous Liquor in Motor Vehicles The Reporting of Sexual Assault in Arizona, CY 2004-2013 13 1 2 2 3 2 4 19 33 1 6 6 4 3 9 8 57 60 3 1 4 5 23 3 35 1 2 8 46 5 31 13 7 40 50 19 1 2 89 43 6 1 22 40 71 1 12 6 2 18 5 2 2 6 1 1 8 11 1 2 16 1 7,182 15