The Arizona Court of Appeals says a state Supreme Court ruling that requires bail hearings for people charged with sexual conduct with a minor doesn’t extend to sexual assault cases.
The ruling issued Tuesday says sexual assault doesn’t require a hearing because by definition it’s a non-consensual act that indicates the defendant is dangerous. Those accused of sexual assault are not entitled to bail or a bail hearing under Arizona law.
The decision comes two months after the Supreme Court ruled it was unconstitutional to hold someone charged with sexual conduct with a minor without a hearing. The high court said that in some cases committing that crime doesn’t necessarily mean someone is dangerous because it can be consensual.