While the Beehive State isn’t known for violence, the one violent crime that is higher than the national average is rape. If you live in Utah, you likely know a rape survivor. Almost 20% of women and 6.5% of men in the state are statistically likely to be victims of rape in their lifetime.
Unfortunately, sex crimes are among the most common crimes in Utah. In 2023 alone, there were more than 4,800 incidents, and that’s just what was reported. There were likely many more incidents that occurred. According to the Department of Justice, only 310 of every 1,000 sex crimes are reported.
If you have committed a sex crime, you can expect an array of consequences depending on the severity of your actions.
If there is enough evidence, a judge will issue a warrant for your arrest. This doesn’t mean you’re guilty, but it does mean the police have the right to make the arrest.
The evidence they have against you may be misleading or circumstantial. If that’s the case, there will be a time to argue that point, but it is not during the arrest. Be physically cooperative, but do not answer questions until you’ve met with an attorney. Do not tell your side of the story to anyone before telling it to an attorney. If officers probe you with questions, you have every right to not answer them. Officers want to find evidence against you. Your lawyer wants to find any evidence for you. They will look for every opportunity to use your words against you when the time comes to take the case to court.
Let’s say you did commit the sex crime you’re accused of. Maybe you want to come clean so you can receive your punishment and move on. If this is the case, should you confess to police right away?
The answer is still, “No.”
If you plan to plead guilty, that is still something you should discuss with your attorney. Otherwise, you might confess without proper protections in place for you. An experienced attorney can make sure you get a plea deal before you tell officials anything. This ensures you get the best outcome possible, even if that includes some time behind bars.
Pleading “not guilty” and winning your case is the only way to completely clear your name. This may be a good route to take, especially if the evidence the state has against you is shaky. However, there may be times where that’s not the best option either. If you’re found guilty after a trial, your sentence may be harsher than if you made a plea deal. That’s why it’s important to discuss your options with your lawyer.
Your case doesn’t automatically go to trial after a guilty plea. You’ll first go to a pretrial conference, where the judge will determine whether or not the prosecutors have enough evidence against you. If not, the judge will dismiss the case.
If your case does go to trial, your lawyer will provide evidence of your innocence to members of a jury, and a prosecuting attorney will provide evidence of your guilt. It’s then up to the jury to deliver a conviction of guilty or not guilty.
After the decision is made, the judge will determine your sentence, which is the legal term for your punishment.
There are a variety of different sex crimes that you can commit, and therefore, different ranges in punishment. You may spend time behind bars in a jail or prison. You may be given probation. It all depends on the circumstances of the crime.
Here are some examples of common sex crimes:
In Utah, sexual battery is when you touch someone else’s genitals, anus, buttocks, or breasts (if the victim is female), and you didn’t have their consent to do so.
It’s a class A misdemeanor, which means you can spend up to 364 days in jail with a fine of up to $2,500. However, this is a worst case scenario. Your lawyer may be able to help you minimize that sentence, which is true for all misdemeanor crimes.
Forcible sexual abuse is very similar to sexual battery. The main difference is intention. With this crime, you intend to either cause physical or emotional pain, or you want to arouse or gratify the sexual desires of anyone. That arousal could mean you, the victim, or a third party.
Forcible sexual abuse is normally a second degree felony. If convicted, you could face one to fifteen years in prison and a fine of up to $10,000.
However, if you cause serious bodily injury, you could be looking at a first degree felony with a mandatory minimum sentence of at least 15 years in prison. This is harsher than most first-degree felonies, which are usually five years to life in prison.
There is some leeway when it comes to that mandatory minimum sentence. Utah law includes language that allows your lawyer to argue that less time would be “in the interests of justice.” If the court aggrees, you can be sentenced to either a minimum or 10 years or six years.
Unlawful sexual activity with a minor is Utah’s legal term for what many people call statutory rape. It’s when an adult over 18 has sexual intercourse with a minor, engages in oral sex with a minor, or penetrates a minor with an object.
In most circumstances, this is a third degree felony, which means prison time of up to five years and a fine of up to $5,000.
However, there are some mitigating factors that can reduce this crime to a misdemeanor:
In Utah, rape is when you have sexual intercourse with someone without the person’s consent. It doesn’t matter if the people involved were married or if the penetration was slight. Any kind of penetrative sexual intercourse is considered rape in Utah.
It is a first degree felony, but you could face a mandatory minimum sentence of 15 years if the victim suffered serious bodily injury.
You can also receive this sentence if you are under 18, but were previously convicted of a “grievous sexual offense.” If you are over 18, you are looking at life in prison without the possibility of parole.
This law has the same leeway that forcible sexual abuse has where your lawyer may be able to persuade the court to convict you of a lesser sentence of either 10 years to life or six years to life.
Rape of a child in Utah is when you have any kind of sexual intercourse with a child, who is less than 14 years old. This includes penetrative sex, any skin-to-skin contact of genitals, or any attempt to stimulate genitals.
This law is a first-degree felony with a mandatory minimum sentence of 25 years to life in prison. The reason this punishment is so harsh is because of Utah’s version of Jessica’s Law.
If you caused serious bodily injury or you had been convicted of a grievous sexual offense before, you may face life in prison without the possibility of parole.
This law also has a few mitigating factors. They happen if it’s your first offense, you were under 21 when you committed it, and the court decides that a lesser sentence would be appropriate for the “interests of justice.” If those conditions are met your mandatory minimum sentence can be reduced to either 15, 10, or six years to life.
If you are convicted of a sex crime, you’ll want an attorney who specializes in them. At Brown, Bradshaw & Moffat, you’ll find that in Kristin Wilson, Michael Holje, Staci Visser, and Ann Taliaferro. They’re based in Salt Lake City, and they’re very experienced. They’ll do everything they can to ensure you get the best outcome possible.
Call (801) 532-5297 for a free consultation.
