Can fully-clothed dry-humping someone under 18 without consent count as rape in the state of Arizona?
And if not, what sort of offense is it? If found guilty, what would a typical punishment be in the US?
Does it matter whether the perpetrator is also underaged?
Does it matter if the perpetrator holds down the victim in place while doing it?
Does it matter if the perpetrator is in a position of authority? (Say the perpetrator is a high school teacher and the victim is a high-school student.)
Largely because the common law offence of rape was abolished s80AD of the Crimes Act 1900.
The unwanted part makes this the crime of Sexual Touching punishable by 5 years imprisonment (or 7 years if there are circumstances of agrivation which includes where the perpetrator is in a position of authority over the victim).
The under 18 part may lead to the crimes of Sexual Touching - child under 10 (16 years) or Sexual Touching - child between 10 and 16 if the self-evident ages apply.
There is also Sexual touching—young person between 16 and 18 under special care ; special care includes a bunch of categories which broadly boil down to being in a position of special trust with respect to the victim.
Holding down the victim may lead to additional common assault charges.
s80AC does not allow the age of the perpetrator to be taken into account in presuming sexual intent, however, it does allow other laws with respect to the age of criminal responsibility to apply. There is a Defence of Similar Age with respect to the child offences (obviously if there is no content this doesn't help) if the victim is over 14 and the perpetrator is aged within 2 years of the victim.
