Arizona Criminal Justice Commission \ Statistical Analysis Center Publication Our mission is to continuously address, improve, sustain and enhance public safety in the State of Arizona through the coordination, cohesiveness and effectiveness of the Criminal Justice System. The Reporting of Sexual Assault in Arizona, CY2011-2015 January 2018 ARIZONA CRIMINAL JUSTICE COMMISSION Chairperson SHEILA POLK Yavapai County Attorney Vice-Chairperson JOE R. BRUGMAN, Chief Safford Police Department PAUL PENZONE Maricopa County Sheriff MARK BRNOVICH Attorney General SEAN DUGGAN, Chief Chandler Police Department DAVID K. BYERS, Director Administrative Office of the Courts KELLY “KC” CLARK Navajo County Sheriff VACANT Mayor STEVE WILLIAMS Navajo County Supervisor C.T. WRIGHT, 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 VACANT Law Enforcement Leader MARK NAPIER Pima County Sheriff DAVID COLE Former Judge ANDREW T. LEFEVRE Executive Director MATTHEW BILESKI, M.A. Statistical Analysis Center Senior Research Analyst GRACE KIM, M.S. Statistical Analysis Center Research Analyst Arizona Criminal Justice Commission The Reporting of Sexual Assault in Arizona, CY2011-2015 Prepared by Matthew Bileski, M.A. Senior Research Analyst Grace Kim, M.S. 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. and G. Kim. (2017). The Reporting of Sexual Assault in Arizona, CY 2011-2015. Arizona Criminal Justice Commission. Phoenix, AZ. The Reporting of Sexual Assault in Arizona, CY 2011-2015 TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................... 1 INTRODUCTION ............................................................................................................. 3 Reporting Requirements.................................................................................................. 3 ACCH Data Limitations .................................................................................................... 4 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 ..................................................................................... 7 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 ...............................10 DISCUSSION..................................................................................................................10 APPENDIX ......................................................................................................................12 The Reporting of Sexual Assault in Arizona, CY 2011-2015 Arizona Criminal Justice Commission LIST OF TABLES Table 1. Arrest and Conviction Information for Sexual Assault-Related Records Available in the ACCH, CY2011-2015 ......................................................................................................................................5 Table 2. Highest Level of Sentencing Availble in the ACCH for Convictions Resulting from Arrests, FY20112015 ..................................................................................................................................................8 Table 3. Highest Level of Sentencing Available in the ACCH for Convictions Resulting from Arrests, CY2014-2015 .................................................................................................................................... 10 LIST OF CHARTS & FIGURES Chart 1. Rape Reported to Police in Arizona, CY2011-2015 ...................................................................4 Figure 1. Arrests Leading to Sexual Assault-Related Arrest and/or Disposition Charges, FY2011-2015 ......6 Figure 2. Arrests Leading to Sexual Assault-Related and/or Disposition Charges, FY2014-2015 ................7 Figure 3. Demographics for Sexual Assault-Related Arrestees, FY2011-2015 ...........................................8 Figure 4. Sexual Assault-Related Arrests with Charges Flagged for Domestic Violence, FY2014-2015........9 The Reporting of Sexual Assault in Arizona, CY 2011-2015 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 on an annual basis. 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. By statute, local law enforcement agencies, prosecutors, and the courts are required to submit to the ACCH repository all arrest and subsequent case disposition information for felony, sexual, driving under the influence, and domestic violencerelated offenses. This report focuses on arrests made from calendar years (CY) 2011 to 2015. The ACJC is required to compile all law enforcement reporting, charges, and subsequent case disposition findings (e.g., convictions, acquittals, court dismissals, etc.) and sentencing of A.R.S. §13-1406 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 CY2011 to CY2015 for all sexual assault-related1 arrest and disposition information available in the ACCH, and any additional sources of Arizona court case information available to the ACJC:  From CY2011-2015, 1,468 arrests including 3,115 sexual assault-related charges were recorded in the ACCH. Arrest charges were filed or amended by the prosecutor for 1,077 of the total 1,468 arrests over the ten-year period (775 resulted in sexual assault-related charges filed or amended by the prosecutor). A total of 382 arrests resulted in sexual assault-related convictions, and an additional 487 arrests ended with convictions for other offenses only.  From CY2014-2015, 601 arrests resulted in 298 cases with sexual assault-related charges filed or amended. A total of 142 arrests led to sexual assault-related convictions while 209 arrests concluded with convictions for other offenses only.  As of July 2017, 233 (15.9 percent) of the 1,468 sexual assault-related records in the ACCH were pending subsequent case disposition information or case information was unavailable for all arrest charges. For arrests from CY2014-2015, 132 (22.0 percent) of the 601 sexual assault-related records were pending disposition information or information was unavailable for all arrest charges.  Nearly three out of every four arrestees for sexual assault-related offenses were white/Caucasian males; approximately 60.0 percent of the arrestees were under the age of 35.  Across both study periods, cases with at least one sexual assault-related conviction and sentencing information available in the ACCH (77.0 percent or more) were more 1 For the purposes of the report, all references to “sexual assault-related” arrest and disposition information include statute charges for sexual assault and violent sexual assault. The Reporting of Sexual Assault in Arizona, CY 2011-2015 1 Arizona Criminal Justice Commission likely to lead to a prison sentence than cases with other offense convictions (48.0 percent or fewer).  From CY2014-2015, there were 62 sexual assault-related arrests with charges flagged for domestic violence in the ACCH; 18 arrests concluded with sexual assault-related convictions while 27 arrests ended with convictions for other offenses. According to convictions with available sentencing data in the ACCH, 13 of 17 sexual assault-related conviction cases resulted in prison sentencing. A total of seven 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. No arrest charges of false reporting of sexual assault involving a spouse were reported to the ACCH repository from CY2011-2015. 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, a number of sexual assault-related arrests in the ACCH from CY2011-2015 were pending subsequent case disposition information for all charges as of July 2017. For this year’s report, the Arizona Criminal Justice Commission’s Statistical Analysis Center used publicly available Arizona court case information2 to further complete and update the ACCH arrest records disposed through the court system. This resulted in an improvement to 15.9 percent of ACCH arrest records pending disposition information over the five-year period. 2Publicly available court case information is not always updated regularly and may not display complete information. For these reasons, it is important to consider the limitations when interpreting data in this report. The Reporting of Sexual Assault in Arizona, CY2011-2015 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. 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.” The information in the ACCH consists of arrest and disposition information submitted by law enforcement, prosecutor, and court agencies across Arizona. Data used to compile this report were extracted from the Arizona Computerized Criminal History (ACCH) repository by the DPS and provided to the Arizona Criminal Justice Commission’s Statistical Analysis Center (AZSAC). 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. Charges for sexual assault and violent sexual assault have been combined into a single “sexual assault-related” category. In 2005, A.R.S. §13-1406.01 (the sexual assault involving a spouse statute) was repealed. The victim/offender relationship is not identifiable in the criminal history records compiled and maintained at the DPS. The Reporting of Sexual Assault in Arizona, CY2011-2015 3 Arizona Criminal Justice Commission ACCH Data Limitations Limitations in the timeliness and 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 DPS in a timely manner or the reporting form was rejected by DPS due to entry errors. For this reason, researchers used publicly available court case information to close out pending criminal history records, and data in the report will address completeness of sexual assault-related arrests in the ACCH by July 2017. SEXUAL ASSAULT-RELATED ARRESTS, FINDINGS, AND SENTENCING Data provided to the ACJC were extracted from the ACCH in August 2017, giving all CY2015 and prior arrest charges a case processing time of at least 18 months from the arrest date. The report summarizes the sexual assault-related arrest and disposition data in the ACCH, in combination with any available court data, for arrests processed in the ACCH from CY2011-2015. According to the ACCH data, 1,461 arrests took place from CY2011-2015 that included at least one sexual assault-related charge (see Table 1). An additional seven arrests occurred during this period that had charges later amended to sexual assault-related charges by the prosecutor. While there were 1,292 sexual assault-related charges associated with 601 arrests from CY2014 to CY2015, Chart 1 shows a total of 6,486 rapes reported to law enforcement agencies across Arizona during the same two-year period. Sexual Assault Reported to Police Using data from the annual FBI Uniform Crime Reporting (UCR) Program, the number of rapes reported to law enforcement in Arizona rose from 3,050 in CY2013 to 3,108 in CY2015. Chart 1. Rape† Reported to Police in Arizona, CY 2011-2015 4,000 Total Incidents Trends in Arrests, Filings, and Convictions 3,000 3,050 3,378 3,108 2,000 1,000 Throughout the five-year period, charges were filed for 1,077 of the total 1,468 sexual assault0 related records (see Table 1). Arizona CY 2013 CY 2014 CY 2015 prosecutors file charges against arrestees for † The revised rape definition was first reported in CY2013. sexual assault-related offenses in more than 200 cases per year. While a large number of the sexual assault-related records resulted in sexual assault-related filings, many records included filings for other offense charges. A list of other charge filings by statute from the ACCH is available in the Appendix. According to Table 1, approximately 60 percent of sexual assault-related arrest records from CY2011 to CY2015 resulted in a conviction finding. Sexual assault-related convictions decreased from 87 in CY2014 to 55 in CY2015, with a larger percentage of cases still pending disposition information in CY2015. The total number of other offense convictions increased slightly from 102 in CY2014 to 107 in CY2015. The Reporting of Sexual Assault in Arizona, CY2011-2015 4 Arizona Criminal Justice Commission There were 29.3 percent of records that were pending disposition information for all arrest charges associated with the records. Pending case disposition information is more prevalent during the most recent years, likely due to the reduced timeframes for case completion. This is evident in Table 1, with 15.9 percent of sexual assault-related records from CY2011 to CY2015 pending subsequent case disposition information in the ACCH repository. The percentage of records pending disposition information highest in CY2015 (26.5 percent). Despite efforts to use court case data to reduce pending case disposition information, one should still expect to see lower totals for records with charges filed and records leading to convictions in CY2015. Table 1. Arrest and Conviction Information for Sexual Assault-Related Records† Available in the ACCH, CY2011-2015 2011 2012 2013 2014 2015 Total Sexual Assault-Related Records 276 314 277 295 306 1,468 Sexual Assault-Related Arrests Other Offense Arrests 274 2 312 2 276 1 295 0 304 2 1,461 7 Total Sexual Assault-Related Charges Associated with Arrest Records 562 655 606 651 641 3,115 Records Leading to Charges Filed 213 227 211 225 201 1,077 Records Leading to Convictions 156 187 175 189 162 869 79 77 94 93 67 108 87 102 55 107 382 487 9.1% 11.5% 14.4% 17.3% 26.5% 15.9% Sexual Assault-Related Other Offense Only Percent of Records Pending 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, 1,461 sexual assault-related arrests were made throughout Arizona from CY2011-2015 (see Figure 1). In addition to these arrests, seven arrests for other offense charges were later amended to sexual assault-related charges by prosecutors. Researchers were able to confirm that 775 (52.8 percent) arrests resulted in sexual assault-related charges filed by the prosecutor. Alternately, 380 (25.9 percent) resulted in no sexual assault-related charges filed, while 313 (21.3 percent) arrests had no conclusive disposition findings (i.e., pending cases or unknown findings) available for sexual assault-related arrest charges in the ACCH and court records. When reviewing the 1,235 arrests with at least one reported disposition finding, over 70 percent resulted in a conviction finding (see Figure 1). Over the five-year period, 382 arrests led to sexual assault-related convictions, 487 ended with other offense convictions, and the remaining 366 arrests resulted in no conviction findings (i.e., acquittals, dismissals and charges not filed or referred). From CY2011 to CY2015, 233 (15.9 percent) arrests were pending disposition findings (or disposition information was unavailable) through July 2017 (see Figure 1). The Reporting of Sexual Assault in Arizona, CY2011-2015 5 Arizona Criminal Justice Commission Figure 1. Arrests Leading to Sexual Assault-Related Arrest and/or Disposition Charges, FY2011-2015 Arrest Other Offense Arrests 7 (0.4%) Sexual AssaultRelated Arrests 1,461 (99.5%) Disposition Findings Sexual Assault-Related Charge(s) Filed or Amended by the Prosecutor 775 (52.8%) 18 (2.3%) 164 (21.1%) Conviction (Sexual Assault) 382 (49.2%) 211 (27.2%) Conviction (Other) Acquittal Court Dismissed Conviction (Other) No Sexual Assault-Related Arrest Charges Filed 380 (25.9%)* 158 (41.5%) 200 (52.6%) Acquittal (Other) Court Dismissed (Other) No Charges Filed/Referred 1 (0.2%) 21 (5.5%) Pending or Unknown Disposition Findings for All Sexual Assault-Related Charges1 313 (21.3%)* 76 (24.2%) Conviction (Other) Court Dismissed (Other) All Charges Pending Findings 233 (74.4%) 4 (1.2%) 1 There were 313 cases that had pending or unknown disposition findings. Using publicly available court case information and using the Arizona Administrative Office of the U.S. Courts database, the ACJC were able to find completed disposition findings for 81 cases. The remaining 233 cases are still either pending disposition findings or have unknown disposition findings. The ACJC is unable to provide information for the remaining 233 cases due to unavailable data. * Percentage includes both sexual assault-related and other offense arrests. Similar data are displayed in Figure 2 for all arrests leading to sexual assault-related charges from CY2014-2015. Of the 601 arrests leading to sexual assault-related arrest and/or disposition charges, 298 arrests resulted in sexual assault-related charges filed, 127 led to no sexual assaultrelated charges filed, and 176 had pending disposition findings or unavailable disposition information for all sexual assault-related arrest charges. Approximately 75 percent of the 469 arrests with at least one disposition finding led to a conviction (see Figure 2). Over the two years, 142 arrests concluded in sexual assault-related The Reporting of Sexual Assault in Arizona, CY2011-2015 6 Arizona Criminal Justice Commission convictions, 209 ended with other offense convictions, and 118 led to non-conviction findings (i.e., acquittals, dismissals and charges not filed/referred). The remaining 132 arrests had no disposition information available for all arrest charges in the ACCH and court case records. Figure 2. Arrests Leading to Sexual Assault-Related Arrest and/or Disposition Charges, FY2014-2015 Arrest Disposition Findings 7 (2.3%) Other Offense Arrests 2 (0.3%) Sexual AssaultRelated Arrests 599 (99.6%) Sexual Assault-Related Charge(s) Filed or Amended by the Prosecutor 298 (49.6%) No Sexual Assault-Related Arrest Charges Filed 127 (21.1%)* Pending or Unknown Disposition Findings for All Sexual Assault-Related Charges1 176 (29.3%)* 56 (18.7%) Conviction (Sexual Assault) 93 (31.2%) 142 (47.6%) 1 (0.7%) Acquittal Court Dismissed Conviction (Other) 43 (33.8%) 8 (6.2%) Conviction (Other) 75 (59.0%) Court Dismissed (Other) No Charges Filed/Referred 41 (23.2%) 132 (75.0%) Acquittal (Other) Conviction (Other) Court Dismissed (Other) 3 (1.7%) 1 There were 176 cases that had pending or unknown disposition findings. Using publicly available court case information and using the Arizona Administrative Office of the U.S. Courts database, the ACJC were able to find completed disposition findings for 44 cases. The remaining 132 cases are still either pending disposition findings or have unknown disposition findings. The ACJC is unable to provide information for the remaining 132 cases due to unavailable data. * Percentage includes both sexual assault-related and other offense arrests. Sexual Assault-Related Arrestees From CY2011 to CY2015, the majority of individuals arrested in Arizona for sexual assault-related offenses were white/Caucasian males (see Figure 3). Just over one percent of arrestees (1.4 percent) were female. Approximately three out of every four (74.4 percent) sexual assault-related arrestees were white/Caucasian, followed by Black (18.4 percent), American Indian/Alaskan The Reporting of Sexual Assault in Arizona, CY2011-2015 7 Arizona Criminal Justice Commission Natives (5.5 percent), Asian/Pacific Islanders (1.2 percent), and arrestees of “unknown” race (0.5 percent). Nearly 60 percent of arrestees were under the age of 35 at the date of arrest, and 19.4 percent were 45 or older at arrest. Figure 3. Demographics for Sexual Assault-Related Arrestees†, FY2011-2015 Gender Race 1.2% 1.4% Age 0.5% 3.3% 5.5% 16.1% 18.4% 74.4% 20.9% 98.6% Male Female 30.6% 29.1% 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. 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 five-year periods studied. It is important to note that sentencing information could only be captured from convictions available in the ACCH, and any convictions gathered from publicly available Arizona court data are not included in the sentencing results available in Tables 2 and 3. From CY20112015, 78.4 percent of arrests leading to at least one sexual assault-related conviction resulted in prison sentences, while only 47.9 percent of other offense convictions resulted in a prison sentence. In contrast, 12.2 percent of arrests leading to at least one sexual assault-related conviction resulted in a jail sentence, while 25.4 percent of other offense convictions resulted in a jail sentence (see Table 2). Similar findings were discovered over the two-year period. Table 2. Highest Level of Sentencing Available in the ACCH for Convictions Resulting from Arrests, FY 2011-2015 Prison Sentence Jail Sentence Other Sentencing Indicated Total Convictions Recorded in the ACCH At Least One Sexual AssaultRelated Conviction 2011-2015 2014-2015 269 (78.4%) 97 (77.0%) 42 (12.2%) 16 (12.7%) 32 (9.3%) 13 (10.3%) 343 126 The Reporting of Sexual Assault in Arizona, CY2011-2015 Other Offense Conviction(s) Only 2011-2015 2014-2015 183 (47.9%) 72 (45.6%) 97 (25.4%) 42 (26.6%) 102 (26.7%) 44 (27.8%) 382 158 8 Arizona Criminal Justice Commission 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 arrest charges flagged for domestic violence totaled 62 from CY2014-2015 (see Figure 4). A total of 38 arrests led to sexual assault-related charges filed by the prosecutor, and 18 led to sexual assault-related convictions. Of the remaining 44 arrests, 27 resulted in other offense convictions, 10 led to no conviction, and seven were still pending disposition information or the finding was unavailable. Figure 4. Sexual Assault-Related Arrests with Charges Flagged for Domestic Violence, FY2014-2015 Arrest Disposition Findings 1 (2.6%) Sexual Assault-Related Charge(s) Filed by the Prosecutor 38 (61.3%) 6 (15.7%) Conviction (Sexual Assault) 18 (47.3%) 13 (34.2%) Conviction (Other) Acquittal Court Dismissed 1 (9.0%) Sexual AssaultRelated Arrests 62 (100.0%) No Sexual Assault-Related Arrest Charges Filed 11 (17.7%) Pending or Unknown Disposition Findings for All Sexual Assault-Related Charges1 13 (21.0%) The Reporting of Sexual Assault in Arizona, CY2011-2015 Conviction (Other) 2 (18.1%) 8 (72.7%) 7 (53.8%) 6 (46.1%) Court Dismissed (Other) Conviction (Other) 9 Arizona Criminal Justice Commission 1 There were 13 cases that had pending or unknown disposition findings. Using publicly available court case information and using the Arizona Administrative Office of the U.S. Courts database, the ACJC were able to find completed disposition findings for six cases. The remaining seven cases are still either pending disposition findings or have unknown disposition findings. The ACJC is unable to provide information for the remaining seven cases due to unavailable data. Conviction Sentencing When reviewing convictions linked to domestic violence in the ACCH, prison sentencing was more probable for sexual assault-related convictions than other offense convictions (see Table 3). Table 3. Highest Level of Sentencing Available in the ACCH for Convictions Resulting from Arrests, CY2014-2015 Sexual Assault-Related Arrests Flagged for Domestic Violence Resulting in Conviction Findings At Least One Sexual Assault-Related Conviction Other Offense Conviction(s) Only 13 2 2 17 10 6 5 21 Prison Sentence Jail Sentence Other Sentence Indicated Total Convictions Recorded in the ACCH FALSE REPORTING OF SEXUAL ASSAULT INVOLVING A SPOUSE From CY2011-2015, no arrest or disposition charges were reported 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 types of misdemeanor offenses to be entered into the ACCH repository. Therefore, all arrest and subsequent case disposition information on false reporting of sexual assault involving a spouse may not be completely available in the ACCH. DISCUSSION According to the data available in the ACCH and publicly available state court records, Arizona sexual assault-related records (i.e., sexual assault-related arrest and/or disposition finding) totaled 601 from CY2014-2015. Over this period, 142 of the 601 arrests resulted in sexual assaultrelated convictions, and an additional 209 arrest records resulted in convictions for other offenses only. Also during this two-year period, 132 (22.0 percent) sexual assault-related records were pending case disposition information or disposition information was unavailable for all arrest charges entered into the ACCH. From CY2014-2015, 62 sexual assault-related arrests with charges flagged for domestic violence were reported to the ACCH. Of the 62 arrests, 38 resulted in sexual assault-related charges filed and 18 led to sexual assault-related convictions. A total of 27 additional arrests led to convictions for other offenses while seven arrests had no case disposition information for all arrest charges available in the ACCH. The Reporting of Sexual Assault in Arizona, CY2011-2015 10 Arizona Criminal Justice Commission According to ACCH sentencing data, records with sexual assault-related convictions were more likely to result in a prison sentence than records with other offense convictions only. From CY2014 to CY2015, 77.0 percent of records with sexual assault-related convictions led to a prison sentence, compared to 45.6 percent of records with convictions for other offenses. The Reporting of Sexual Assault in Arizona, CY2011-2015 11 Arizona Criminal Justice Commission APPENDIX Appendix Table 1. Other Offense Filings in the ACCH, FY2011-2015 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. §13-1103 §13-1104 §13-1105 §13-1201 §13-1202 §13-1203 §13-1204 §13-1302 §13-1303 §13-1304 §13-1307 §13-1308 §13-1402 §13-1403 §13-1404 §13-1405 §13-1410 §13-1417 §13-1424 §13-1425 §13-1502 §13-1504 §13-1505 §13-1506 §13-1507 §13-1508 §13-1602 §13-1703 §13-1704 §13-1802 §13-1803 §13-1805 §13-1814 §13-1902 §13-1904 §13-2002 §13-2008 §13-2102 §13-2307 §13-2308 §13-2310 §13-2312 §13-2316 §13-2321 §13-2409 §13-2411 §13-2503 §13-2506 §13-2508 §13-2512 §13-2702 §13-2809 §13-2810 §13-2904 §13-2910 §13-2915 §13-2921 Statute Literal Total Manslaughter Second Degree Murder First Degree Murder Endangerment Threatening or Intimidating Assault Aggravated Assault Custodial Interference Unlawful Imprisonment Kidnapping Sex Trafficking Trafficking of Persons for Forced Labor or Services Indecent Exposure Public Sexual Indecency Sexual Abuse Sexual Conduct with a Minor Molestation of a Child Continuous Sexual Abuse of a Child Voyeurism Unlawful Disclosure of Images Depicting States of Nudity or Specific Sexual Activities 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 Shoplifting Theft of Means of Transportation Robbery Armed Robbery Forgery Taking Identity of Another Person or Entity Theft of a Credit Card or Obtaining a Credit Card by Fraudulent Means Trafficking in Stolen Property Participating in or Assisting a Criminal Syndicate Fraudulent Schemes and Artifices Illegal Control of/Conducting an Enterprise Computer Tampering Participating in or Assisting a Criminal Street Gang Obstructing Criminal Investigations or Prosecutions Impersonating a Peace Officer Escape in the Second Degree Failure to Appear in the Second Degree Resisting Arrest Hindering Prosecution in the First Degree Perjury Tampering with Physical Evidence Interfering with Judicial Proceedings Disorderly Conduct Cruelty to Animals; Interference with Working or Service Animal Preventing Use of Telephone in Emergency Harassment The Reporting of Sexual Assault in Arizona, CY2011-2015 1 3 7 9 39 186 537 4 43 615 2 1 39 44 487 534 189 9 21 1 2 15 1 8 66 41 18 2 2 14 2 1 5 19 66 11 7 1 1 2 1 2 2 1 1 3 4 6 4 4 2 2 8 20 3 8 2 12 Arizona Criminal Justice Commission Appendix Table 1. Other Offense Filings in the ACCH, FY2011-2015 (Continued) A.R.S. §13-2921.01 Aggravated Harassment A.R.S. §13-2923 Stalking A.R.S. §13-3019 Surreptitious Photographing, Videotaping, Filming or Digitally Recording or Viewing A.R.S. §13-3102 Misconduct Involving Weapons A.R.S. §13-3107 Unlawful Discharge of Firearms A.R.S. §13-3204 Receiving Earnings of Prostitute A.R.S. §13-3209 Pandering A.R.S. §13-3212 Child Prostitution A.R.S. §13-3214 Prostitution A.R.S. §13-3404 Sale of Precursor or Regulated Chemicals A.R.S. §13-3405 Possession, Use, Production, Sale or Transportation of Marijuana A.R.S. §13-3406 Possession, Use, Administration, Acquisition, Sale, Manufacture or Transportation of Prescription-Only Drugs A.R.S. §13-3407 Possession, Use, Administration, Acquisition, Sale, Manufacture or Transportation of Dangerous Drugs A.R.S. §13-3408 Possession, Use, Administration, Acquisition, Sale, Manufacture or Transportation of Narcotic Drugs A.R.S. §13-3409 Involving or Using Minors in Drug Offenses A.R.S. §13-3415 Possession, Manufacture, Delivery and Advertisement of Drug Paraphernalia A.R.S. §13-3506 Furnishing Harmful Items to Minors A.R.S. §13-3506.01 Furnishing Harmful Items to Minors A.R.S. §13-3552 Commercial Sexual Exploitation of a Minor A.R.S. §13-3553 Sexual Exploitation of a Minor A.R.S. §13-3554 Luring a Minor for Sexual Exploitation A.R.S. §13-3601.02 Aggravated Domestic Violence A.R.S. §13-3608 Incest A.R.S. §13-3613 Contributing to Delinquency and Dependency A.R.S. §13-3623 Child or Vulnerable Adult Abuse A.R.S. §13-3721 Tattoos, Brands, Scarifications and Piercings A.R.S. §13-3821 Sex Offender Registration Violation A.R.S. §13-3822 Notice of Moving from Place of Residence or Change of Name or Electronic Information A.R.S. §13-3904 Violation of Promise to Appear A.R.S. §28-1382 Driving or Actual Physical Control while Under the Extreme Influence of Intoxicating Liquor A.R.S. §28-1595 Failure to Stop or Provide Driver License or Evidence of Identity A.R.S. §28-3473 Driving Violations A.R.S. §28-622.01 Unlawful Flight from Pursuing Law Enforcement Vehicle A.R.S. §32-1364 Crimes Against the Dead A.R.S. §4-244 Unlawful Acts A.R.S. §4-244.20 Unlawful Acts A.R.S. §4-244.9 Unlawful Acts Total Filings in the ACCH for Other Offenses The Reporting of Sexual Assault in Arizona, CY2011-2015 4 7 11 18 2 1 2 10 1 1 13 2 17 4 10 16 15 1 10 77 21 3 2 38 49 1 6 3 6 1 1 3 2 2 2 1 4 3,495 13