All criminal charges are serious. However, getting charged with a sex crime brings with it a whole other level of seriousness and sensitivity. Sex crimes involve nonconsensual sexual acts performed on the victim. These crimes, rightfully, have an extreme stigma attached to them. The unfortunate side-effect is that individuals charged with sex crimes are frequently seen as guilty by friends, family, and the general public long before they have their day in court.
Since the consequences of a sex crime conviction are so serious, it is imperative that you retain good legal counsel. We have dedicated our practice to representing clients facing criminal charges, including sex crimes. We can collect evidence, interview relevant parties, and use our legal skills to fight for you in court to get the best possible outcome for your case.
Have a free, confidential analysis of your case with Overson & Bugden’s sex crimes defense lawyers when you call (801) 758-2287.
Sex Crimes in Logan, UT
Utah lists sexual offenses under Utah Code § 76-5-4. A variety of activities constitute sex crimes in Logan, UT. Accordingly, different sex crimes will require different defense strategies. Speak with our sex crimes lawyers to figure out the best legal strategy for your particular situation. Different sex offenses will have different penalties attached to them depending on their severity. For example, a sex crime against a minor will have much more serious criminal penalties than one against an adult. Below are some of the sex crimes defendants can be charged with under Utah Law.
Rape
Rape is one of the most serious crimes someone can be accused of. Rape is defined under Utah Code § 76-5-402 as sexual intercourse without a participant’s consent. Under this law, sexual intercourse is defined as any “penetration, however slight.” Additionally, this law applies whether the victim and defendant are married or not. A sexual activity can start out consensual, but if consent is withdrawn, that activity needs to stop immediately, or it becomes a crime, like rape. In Utah, rape is a first-degree felony, with a minimum sentence of five years in prison and a maximum sentence of life in prison.
There are harsher minimum sentence requirements under certain circumstances. If the rape involves a victim who is under 18 years old at the time of the rape or who received serious bodily injury. In those cases, the minimum sentence is 15 years in prison. A life sentence without parole is required if the defendant in a rape case has a prior “grievous sexual offense” conviction.
Forcible Sexual Abuse
The crime of forcible sexual abuse is outlined in Utah Code § 76-5-404. Forcible sexual abuse is the nonconsensual touching of another individual’s buttocks, breasts, or genital area with the intent to either obtain sexual gratification or hurt the victim, physically or rmotionally Touching these areas through clothing is sufficient to be forcible sexual abuse.
Forcible sexual abuse is a second-degree felony with a minimum prison sentence of one year and a maximum prison sentence of 15 years if forcible sexual abuse results in serious bodily injury to the victim, forcible sexual abuse has a minimum sentence of 15 years in prison with the possibility of a life sentence.
Sexual Abuse of a Minor
Sex crimes against minors are some of the most reprehensible crimes to be charged with. Utah Code § 76-5-410.1 outlines the crime of sexual abuse of a minor. This crime includes conduct that would fall under rape or forcible sexual abuse. The law defines “minor” for the purposes of this crime as someone at least 14 years old but under 16. The defendant must be four or more years older than the victim to have committed sexual abuse of a minor.
Sexual abuse of a minor does not just include actually doing physical acts. It also involves causing other individuals to engage in sexual conduct with minors. This generally applies to charges related to child pornography.
Consent in Logan, UT Sexual Crime Charges
Consent is a critical component of any sex crimes case. Most sex crimes criminalize nonconsensual acts. Having an understanding of what does and does not constitute consent under the law can help our lawyers form a better case for you.
Utah Code § 76-5-406(2) details nonconsensual conduct under the law. The victim can verbally or through their conduct communicate a “lack of consent.” Lack of consent is also inferred if the defendant physically overpowered the victim or carried out sexual misconduct through the use of “concealment” or “surprise.” There is also no consent when the defendant threatens the victim. Unconscious people also can not consent. Additionally, victims under 14 years old cannot consent to sexual activity.
Perhaps most importantly, it is expressly stated that consent to one sexual activity does not impute consent to other sexual activities. Moreover, consent can be withdrawn at any time “through words or conduct,” at which point the activity must stop.
Sex Offender Registries in Logan, UT
Utah requires those convicted of certain sex crimes to register as sex offenders in a database. This database is public, and anyone who is so inclined can find out who is a sex offender in their area. People registered as sex offenders cannot live in certain areas and cannot be employed for certain jobs. For example, a sex offender cannot live within a certain distance of a school and cannot work as a schoolteacher.
In addition to legal restrictions, being a registered sex offender will have serious impacts on your life. Even jobs you are allowed to have might not want to hire you when that comes up on a background check, and friends, family, and other people might wish to avoid being around you.
Talk to Our Logan, UT Sex Crimes Defense Lawyers Today
Our sex crimes defense lawyers with Overson & Bugden offer free case reviews when you call (801) 758-2287.
