Utah law provides no statute of limitations period that applies to the sexual abuse or molestation of a minor child. In other words, the prosecution for sex crimes against children can be commenced at any time after the crime allegedly occurred.
Sexual abuse of a minor in the state of Utah is a serious crime that comes with serious penalties.
If you were accused of committing sexual abuse of a minor child, contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat, LLP.
The criminal defense attorneys here at Brown, Bradshaw & Moffat will fight and defend those accused of a sexual crime such as aggravated sexual assault, sexual exploitation of a minor, indecency with a child, child pornography, prostitution, and custodial sexual misconduct.
Call (801) 532-5297 for a free consultation.
The elements of sexual abuse that must be proven by the prosecution at trial are clearly explained in the Utah code. You can learn more details about sexual offenses on the Utah Legislature’s website.
Under Utah law, a person commits sexual abuse of a child if that person touches the anus, buttocks, or genitalia of any child, the breast of a female child, or otherwise takes indecent liberties with a child, and does so with the intent to arouse or gratify the sexual desire of any person.
The offense can be considered aggravated sexual abuse of a child for a variety of reasons including that the person committing it occupied a position of special trust in relation to the victim or the person committing it did so in the process of kidnapping or by force. Under the statutory scheme, any touching, even if accomplished through clothing, is sufficient to constitute “touching” for the purposes of a prosecution for sexual abuse of a child.
The crime of sexual abuse of a minor is charged as a class A misdemeanor. If the offender was younger than 21 and it was their first offense, they are not subject to registration on the Sex and Kidnap Offender registry.
Penalties for aggravated sexual abuse of a minor are serious and differ depending on the circumstances. Generally, the crime is charged as a first-degree felony. There are differing levels of prison time, including life without parole.
In many of these cases, the courts allow the prosecutor to call a forensic interviewer from the Children's Justice Center. The prosecutor will often attempt to qualify these witnesses as an expert in two areas:
At trial, the forensic interviewer with the Children's Justice Center will often describe child interview protocols. These experts will testify about the reasons children make incomplete or inconsistent disclosures about sexual abuse. The experts are often asked by the prosecutor to explain why children respond to sexual abuse by demonstrating a wide and largely unpredictable array of behaviors.
According to these experts, the behaviors exhibited by children who have been subjected to sexual abuse can include depression, anxiety, changes in sleep, and changes in school performance. The changes are not to be expected in every case and ultimately are not reliable indicators of whether abuse has, or has not, occurred.
Of course, these behaviors might also be an indication that the child has not been truthful about whether the abuse occurred or not. In some cases, such behaviors are an indicator that the children have been coached to make false allegations.
If you were charged with sexual abuse of a minor, aggravated sexual abuse of a child, or any other sex crime such as unlawful sexual conduct with a minor, rape, or forcible sexual abuse, contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat.
The attorneys at Brown, Bradshaw & Moffat represent men and women charged with sexual abuse crimes throughout the Salt Lake area.
Let us put our experience to work for you. Call (801) 532-5297 today for a free consultation.
